HomeMy WebLinkAboutRes No 2808 PLANNING COMMISSION RESOLUTION NO. 2808
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, CONSIDERING A RECOMMENDATION TO THE CITY
COUNCIL FOR THE ADOPTION OF A NOTICE OF EXEMPTION IN
ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA), AND APPROVAL OF A HILLSIDE DEVELOPMENT PLAN TO
CONSTRUCT A 1,103-SQUARE-FOOT CASITA ON A PROPERTY LOCATED
AT 72240 WEST UPPER WAY
CASE NO. PP21-0005
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 111
day of March 2022, hold a duly noticed public hearing to consider the request by Rodolfo Lizarde—
Level 7, for approval of the above-noted project request; and
WHEREAS, the Architectural Review Commission of the City of Palm Desert, California,
did on the 811 day of February 2022, consider the request by Rodolfo Lizarde—Level 7 at its
meeting and recommended approval to the Planning Commission of the above-noted project
request; and
WHEREAS, the project complies with the goals and policies contained in the City's
General Plan that promote sensitive grading practices for hillside development, preservation of
scenic mountain views, and preservation of the natural environment; and
WHEREAS, the project conforms with the Hillside Planned Residential (HPR) zone with
the proposed addition of a residential casita; and
WHEREAS, the project maintains a land-use pattern that provides an attractive building
design that will integrate well with the hillside area and does not adversely impact views of the
hillside area; and
WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the
State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), and the City of Palm Desert's
("City's") Local CEQA Guidelines, the City is the lead agency for the proposed project; and
WHEREAS, said application has complied with the requirements of the "City of Palm
Desert Procedure for Implementation of CEQA" Resolution No. 2019-41, in that the Director of
Development Services 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, as outlined in
the staff report and the project is not subject to any of the exceptions for categorical exemptions
identified in CEQA Guidelines Section 15300.2; therefore, no further environmental review is
necessary; and
WHEREAS, at said the public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, the Planning Commission did
find the following facts and reasons, which are outlined in the staff report, exist to justify approval
of said request:
PLANNING COMMISSION RESOLUTION NO. 2808
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS:
SECTION 1. Recitals. The Planning Commission hereby finds that the foregoing recitals
are true and correct and are incorporated herein as substantive findings of this Resolution.
The proposed project has been reviewed pursuant to the requirements of California
Environmental Quality Act (CEQA) and the State CEQA Guidelines. The Project is exempt from
CEQA pursuant Guidelines Section 15303, New Construction or Conversion of Small Structures.
The project involves the construction of an 1,103-square-foot, single-story detached residential
casita on a parcel containing an existing primary residence. The project site is zone Hillside
Planned Residential (HPR) which allows the development of single-family residential dwellings
and accessory structures such as guest houses. The Planning Commission, based on the staff
report and materials and testimony presented during the hearing, based on its own independent
judgment, hereby finds that no further environmental review is required because the project is
exempt from CEQA pursuant to CEQA Guidelines Section 15303.
Additionally, the project is not subject to any of the exceptions for categorical exemptions
identified in CEQA Guidelines Section 15300.2:
1. The project qualifies as a Class 3 exemption as it is a small residential guest house
structure on a lot containing an existing primary residential structure. The project is not
located on a site where it may have an adverse impact on an environmental resource
of hazardous or critical concern where designated, precisely mapped, and officially
adopted according to law by federal, state, or local agencies. The project site will not
impact designated environmental or biological resources as it is not located within a
conservation area as identified by the Coachella Valley Multiple Species Habitat
Conservation Plan.
2. The project will not have a cumulative impact on the environment as no other
discretionary projects have been approved within 500 feet of the project site within the
last five (5) years. The surrounding areas is developed with limited single-family
residential and similar residential structures such as casitas or accessory structures
such as garages.
3. There are no unusual circumstances on the project site. The project site is not located
within a flood zone per the latest FEMA Flood Zone Maps. The project site is not
located within an urban area per Fire Hazard Severity Zone maps available from the
Riverside County Fire Department and depicted on Figure 8.6 on Page 120 of the
General Plan. The project site is not identified within an Alquist-Priolo Fault Zone per
the latest maps on file with the California Department of Conservation. The nearest
fault zone is adjacent to the Indio Hills area north of the Palm Desert City limits.
4. The project site is not located in proximity to any scenic highway. The nearest officially
designated as a scenic highway are portions of State Route 74 located south of the
Palm Desert City Limits.
5. The project site is not identified as a historic waste site on any list compiled according
to Section 65962.5 of the Government Code.
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PLANNING COMMISSION RESOLUTION NO. 2808
6. The project site does not contain any existing designated historic resource and is not
within a designated historic preservation district.
SECTION 2. Project Recommendations. The Planning Commission hereby recommends
the City Council approve and adopt the Hillside Development Plan application for the project.
SECTION 3. Custodian of Records. The documents and materials that constitute the
record of proceedings on which these findings are based are located at the City's office at 73510
Fred Waring Drive, Palm Desert, CA 92260. Martin Alvarez, the Secretary to the Palm Desert
Planning Commission, is the custodian of the record of proceedings.
SECTION 4. Execution of Resolution. The Chairperson of the Planning Commission will
sign this Resolution, and the Secretary to the Commission shall attest and certify to the passage
and adoption thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS:
1. That the above recitations are true and correct and constitute the findings for approval
of the Planning Commission in this case.
2. That the Planning Commission does hereby recommend approval to the City Council
of Case No. PP21-0005.
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm
Desert, California, at its regular meeting held on the 11t day of March 2022, by the following vote,
to wit:
AYES: DE LUNA, GREENWOOD, GREGORY, HOLT, and PRADETTO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
JqHNy R ENN OOD,
ATTEST:
o-rz
MARTI LVAREZ, SECR TARY
PALM DESERT PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 2808
EXHIBIT "A"
CONDITIONS OF APPROVAL
CASE NO. PP21-0005
PLANNING DIVISION:
1. The development of the property shall conform substantially with exhibits on file with the
Development Services Department, as modified by the following conditions.
2. The applicant agrees that in the event of any administrative, legal, or equitable action instituted
by a third party challenging the validity of any of the procedures leading to the adoption of
these project approvals for the project, or the project approvals themselves, the developer
and City each shall have the right, in their sole discretion, to elect whether or not to defend
such action. Developer, at its sole expense, shall defend, indemnify, and hold harmless the
City (including its agents, officers, and employees)from any such action, claim, or proceeding
with counsel chosen by the City, subject to the developer's approval of counsel, which shall
not be unreasonably denied, and at the developer's sole expense. If the City is aware of such
an action or proceeding, it shall promptly notify the developer and cooperate in the
defense. Developer upon such notification shall deposit with City sufficient funds in the
judgment of City Finance Director to cover the expense of defending such action without any
offset or claim against said deposit to assure that the City expends no City funds. If both
parties elect to defend, the parties hereby agree to affirmatively cooperate in defending said
action and to execute a joint defense and confidentiality agreement in order to share and
protect the information, under the joint defense privilege recognized under applicable law. As
part of the cooperation in defending an action, City and developer shall coordinate their
defense in order to make the most efficient use of legal counsel and to share and protect
information. Developer and City shall each have sole discretion to terminate its defense at
any time. The City shall not settle any third-party litigation of project approvals without the
developer's consent, which consent shall not be unreasonably withheld, conditioned, or
delayed unless developer materially breaches this indemnification requirement.
3. The development of the property described herein shall be subject to the restrictions and
limitations set forth herein, which are in addition to the approved development standards listed
in the Palm Desert Municipal Code (PDMC), state, and federal statutes now in force, or which
hereafter may be in force.
4. The Hillside Development Plan (HDP) shall expire if construction of the said project shall not
commence within two years from the date of final approval unless an extension of time is
granted; otherwise, said approval shall become null, void, and of no effect whatsoever.
5. Any proposed changes to this HDP will require an amendment to the application, which will
result in a new public hearing.
6. All construction documentation shall be coordinated for consistency, including, but not limited
to, architectural, structural, mechanical, electrical, plumbing, landscape and irrigation,
grading, and street improvement plans. All such plans shall be consistent with the approved
entitlement plans on file with the Development Services Department.
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PLANNING COMMISSION RESOLUTION NO. 2808
7. Construction of said project shall commence within two years from the date of final approval
unless an extension of time is granted; otherwise, said approval shall become null, void, and
of no effect whatsoever.
8. Any proposed modifications to this approval shall require an amendment to the application,
which will result in a new public hearing.
9. Prior to issuance of a building permit for construction of any use or structure contemplated
by this approval, the applicant shall first obtain permits and or clearance from the following
agencies:
Coachella Valley Water District (CVWD)
Public Works Department
Fire Department
Evidence of said permit or clearance from the above agencies shall be presented to the
Building & Safety Division at the time of issuance of a building permit for the use contemplated
herewith.
10. This project is subject to payment of the City's Public Art fee. The fee will be applied at the
time of a building permit issuance and shall remain in the City's public art fund.
11. Lighting plans shall be submitted in accordance with PDMC Section 24.16 for any landscape,
architectural, street, or other lighting types within the project area.
12. All exterior lighting sources shall be fully shielded and directed downwards and is subject to
approval by the Palm Desert Development Services Department. Luminaries with total lamp
lumens above sixteen thousand lumens shall not be used.
13. Final landscape and irrigation documents shall be prepared by a landscape architect
registered with the State of California and shall be submitted to the City's Development
Services Department and the Coachella Valley Water District for review and approval. All
sheets shall be wet signed by the landscape architect and shall include the license number
and the expiration date. The landscape plan shall conform to the preliminary landscape plans
prepared as part of this application and shall include dense plantings of landscape material.
14. All project irrigation systems shall function properly, and landscaping shall be maintained in
a healthy and thriving condition. The maintenance of landscaping and the irrigation system
shall be permanently provided for all areas of the project site, as well as walkways and the
portion of public right-of-way abutting the project site (parkways). Furthermore, the plans
shall identify responsibility for the continued maintenance (such as homeowners'association,
landscape maintenance district, property owner, etc.).
15. All exterior equipment, and all appurtenances thereto, shall be completely screened from
public view by walls, or roof screens that are architecturally treated to be consistent with the
building. The final construction plans shall include appropriate drawings demonstrating how
such equipment is to be screened from view. No rooftop equipment shall be permitted.
16. All ground-mounted utility structures including, but not limited to, transformers, HVAC
equipment, and backflow prevention valves shall be located out of view from any public street
or adequately screened through the use of landscaping and/or masonry walls.
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PLANNING COMMISSION RESOLUTION NO. 2808
17. The applicant shall comply with the recommendations made by the City's Architectural
Review Commission (ARC), as referenced in the February 8, 2022, Notice of Action.
18. The applicant or any successor in interest shall comply with all applicable local, state, and
federal laws and regulations.
19. A copy of the herein-listed Conditions of Approval shall be included in the construction
documentation package for the project, which shall be continuously maintained on-site during
project construction.
20. The final design of all site walls shall be subject to review and approval by the Palm Desert
Development Services Department. The design, material, color, and finish of all site walls
shall be designed to integrate with the surrounding undisturbed natural hillside area in terms
of color, form, and material.
21. The applicant shall ensure all proposed groundcover, paving, and other hardscapes shall be
finished in a color that is compatible with the undisturbed natural terrain of the surrounding
hillside area.
22. All cuts, fills, or other areas temporarily disturbed by grading shall be re-naturalized, colored,
and landscaped to blend with the adjacent undisturbed natural terrain.
23. The exterior color of the casita structure shall be selected to blend with the adjacent
undisturbed natural terrain.
24. The approved pad elevation of the casita shall be 768.50, as shown on the approved
preliminary grading plan. Modifications to the approved pad height shall require approval by
the Planning Commission, accompanied by additional plans and information to assess the
impact on views of the hillside.
25. All landscaping shall match the approved landscape plan. Modifications to the approved
landscaping plan shall be subject to review by the Development Services Department to
assess the impact on views of the hillside. Dense landscape plantings and the use of non-
native desert plantings are discouraged. Landscaping shall blend into the hillside and reflect
the visual patterns found naturally in the adjacent natural terrain.
LAND DEVELOPMENT DIVISION:
26. Prior to grading permit issuance, the applicant shall submit grading and landscape plans for
review and approval by the Land Development Division.
27. Submit a PM10 application to the Land Development Division for approval. The applicant
shall comply with all provisions of PDMC Section 24.12 regarding Fugitive Dust Control.
28. In accordance with PDMC Section 27.12, all manufactured slopes shall be planted or
otherwise protected from the effects of stormwater runoff and erosion.
29. The applicant shall submit an erosion control plan for review and approval with the submittal
of the precise grading plan.
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PLANNING COMMISSION RESOLUTION NO. 2808
30. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843, Section
24.20 Stormwater Management and Discharge Ordinance.
31. Any deviation from the approved plans shall be reviewed for approval by the City Engineer
prior to work commencing.
32. The applicant shall submit a geotechnical report with the grading plans for review and
approval by the City Engineer.
BUILDING AND SAFETY DIVISION:
33. This project shall comply with the latest adopted edition of the following codes:
A. California Building Code and its appendices and standards.
B. California Residential Code and its appendices and standards
B. California Plumbing Code and its appendices and standards.
C. California Mechanical Code and its appendices and standards.
D. California Electrical Code.
E. California Energy Code.
F. California Green Building Standards Code
G. Title 24, California Code of Regulations.
H. California Fire Code and its appendices and standards.
34. The applicant shall coordinate directly with:
Riverside County Fire Marshal's Office
CAL FIRE/Riverside County Fire Department
77933 Las Montanas Road, Ste 201, Palm Desert, CA 92211
Main: 760-863-8886
35. All contractors and subcontractors shall have a current City of Palm Desert Business License
prior to permit issuance per PDMC, Title 5.
36. All contractors and/or owner-builders must submit a valid Certificate of Workers'
Compensation Insurance coverage prior to the issuance of a building permit per California
Labor Code, Section 3700.
37. Address numerals shall comply with Palm Desert Ordinance No. 1351 (PDMC 15.28.
Compliance with Ordinance 1351 regarding street address location, dimension, a stroke of
line, distance from the street, height from grade, height from the street, etc., shall be shown
on all architectural building elevations in detail. Any possible obstructions, shadows, lighting,
landscaping, backgrounds, or other reasons that may render the building address unreadable
shall be addressed during the plan review process. The applicant may request a copy of
Ordinance 1351 or PDMC Section 15.28 from the Building and Safety Division counter staff.
FIRE DEPARTMENT:
38. Fire Hydrants and Fire Flow: An existing fire hydrant capable of providing the minimum
required fire flow appears to be located on Upper Way West; however, since the hydrant is
more than 400 feet from the home, as measured by an approved route, an automatic fire
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PLANNING COMMISSION RESOLUTION NO. 2808
sprinkler system is required for the home. Fire sprinkler plans shall be submitted to the Office
of the Fire Marshal for review and approval prior to installation. Reference 2019 California
Fire Code (CFC) 507.5.1.
39. Fire Department Access: Prior to building permit issuance, a fire access site plan shall be
approved. Electric gates shall be provided with Knox key switches to allow for rapid
emergency access. Manual gates normally maintained locked should be provided with a
Knox Box or Knox padlock. CFC 503.1.1, and 506.1.
40. Gate Access: Electric gate operators shall be provided with Knox key switches. Electric gate
operators shall also be connected to a remote signal receiver compatible for use with the
preemption devices on the Riverside County fire apparatus. The gate shall automatically
open upon receiving a remote signal from the fire apparatus and remain in the fully open
position for a minimum of 30 seconds. Ref. CFC 506.1.
END OF CONDITIONS OF APPROVAL
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