HomeMy WebLinkAboutRes No 2879PLANNING COMMISSION RESOLUTION NO. 2879
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 GUESTHOUSE ON A PROPERTY
LOCATED AT 72240 UPPER WAY WEST
CASE NO. PP21-0005 Amendment No. 1 (PP24-0005)
WHEREAS, the City Council of the City of Palm Desert, California, did on the 14th day of
April 2022, hold a duly noticed public hearing to consider a request by Level 7 (“Applicant) to
construct a 1,103 square foot detached guesthouse at 72240 Upper Way West and adopted
Resolution No. 2022-28 to approve said request; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
20th day of August 2024, hold a duly noticed public hearing to consider the request by Michael
Reilly, for approval of an amendment to the above-noted project request; and
WHEREAS, the Architectural Review Commission of the City of Palm Desert, California,
did on the 23rd day of July 2024, consider the request by Michael Reilly at its meeting and
recommended design review 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 guesthouse; 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 "2024 Local
Guidelines for Implementing the California Environmental Quality Act for the City of Palm Desert”
Resolution No. 2024-035, 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
PLANNING COMMISSION RESOLUTION NO. 2879
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WHEREAS, at said 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:
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.
SECTION 2. CEQA Determination. 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 to CEQA 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 guesthouse on a parcel containing an existing
primary residence. The project site is zoned 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 are 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.
PLANNING COMMISSION RESOLUTION NO. 2879
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4. The project site is not located in proximity to any scenic highway. The nearest officially
designated 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.
6. The project site does not contain any existing designated historic resource and is not
within a designated historic preservation district.
SECTION 3. Findings on Precise Plan. In recommending approval of this Project, the
Planning Commission, and under Palm Desert Municipal Code (PDMC) Section 25.72.030(E),
the following findings are required before granting a PP:
1. With the approval of this precise plan, consideration is given and restrictions are
imposed to the extent necessary, in view of the size and shape of the parcel and the
present and proposed zoning and use of the subject property and the surrounding
property, to permit the same degree of enjoyment of the subject property, but subject
to the same degree of protection of adjoining properties, as would be accorded in
normal circumstances by the standard restrictions imposed by Chapter 25.72.030. The
project, as conditioned, meets all of the requirements of the underlying zone and
provides this project the same allowances that its surrounding properties would be
governed by.
2. The proposed precise plan is not found to substantially depreciate property values in
the vicinity or would unreasonably interfere with the use or enjoyment of property in
the vicinity by the occupants thereof for lawful purposes or would endanger the public
peace, health, safety, or general welfare.
3. A Design Review for the project architecture was reviewed and approved as required
by the Architectural Review Commission on July 23, 2024.
SECTION 4. Project Recommendations. The Planning Commission hereby recommends
the City Council approve and adopt the Hillside Development Plan application for the project.
SECTION 5. 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. Richard D. Cannone, AICP, the Secretary
to the Palm Desert Planning Commission, is the custodian of the record of proceedings.
SECTION 6. 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.
PLANNING COMMISSION RESOLUTION NO. 2879
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2. That the Planning Commission does hereby recommend City Council approve
Case No. PP21-0005, Amendment No. 1 (PP24-0005), pursuant to the conditions
of approval in Exhibit A.
ADOPTED ON August 20, 2024.
LINDSAY HOLT
CHAIRPERSON
ATTEST:
RICHARD D. CANNONE, AICP
SECRETARY
I, Richard D. Cannone. AICP, Secretary of the City of Palm Desert Planning
Commission, hereby certify that Resolution No. 2879 is a full, true, and correct copy, and was
duly adopted at a regular meeting of the Planning Commission of the City of Palm Desert on
August 20, 2024, by the following vote:
AYES: DELUNA, HOLT, GREENWOOD
NOES: PRADETTO
ABSENT: GREGORY
ABSTAIN: NONE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Palm Desert, California, on August _29_, 2024.
RICHARD D. CANNONE, AICP
SECRETARY
PLANNING COMMISSION RESOLUTION NO. 2879
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EXHIBIT “A”
CONDITIONS OF APPROVAL
CASE NO. PP24-0005
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.
PLANNING COMMISSION RESOLUTION NO. 2879
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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. 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.
11. 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.
12. 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.
13. 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.).
14. 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.
15. 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.
16. The applicant shall comply with the recommendations made by the City’s Architectural
Review Commission (ARC), as referenced in the July 23, 2024, Notice of Action as follows:
a. Street exposed windows should be recessed
PLANNING COMMISSION RESOLUTION NO. 2879
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b. All exterior building finishes, paving, ground covers, and re-naturalized slopes shall
be appropriate to the hillside area.
17. The applicant or any successor in interest shall comply with all applicable local, state, and
federal laws and regulations.
18. 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.
19. 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.
20. 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.
21. 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.
22. The exterior color of the guesthouse structure shall be selected to blend with the adjacent
undisturbed natural terrain.
23. The approved pad elevation of the guesthouse shall be 768, 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.
24. 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:
25. The following plan is hereby referenced: preliminary precise grading for 72-240 Upper Way
West; prepared by Essi Engineering; dated April 8, 2024.
26. It is assumed that easements shown on the tentative parcel map exhibit are shown correctly
and include all the easements that encumber the subject property. A current preliminary title
report for the site shall be submitted during technical plan review. The Applicant shall secure
approval from all easement holder for all grading and improvements, which are proposed
over respective easements, including the proposed structure within the existing 25-foot
access easement per U.S. Patent 14283 dated February 16, 1960, and the proposed
driveway within existing 10-foot easement in favor of Coachella Valley Water District per
Instrument No. 69269 dated June 15,1965. Otherwise, the applicant shall provide evidence
that the easement has been relocated, quitclaimed, vacated, abandoned, easement holder
cannot be found, or is otherwise of no effect. Should such approvals or alternative actions
PLANNING COMMISSION RESOLUTION NO. 2879
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regarding the easements not be provided and approved by the City, the Applicant may be
required to amend or revise the proposed site configuration as may be necessary.
27. Pad elevation for the proposed guesthouse, as shown on the preliminary precise grading
exhibit, is subject to review and modification per the City of Palm Desert Municipal Code Title
27.
28. It is understood that the conceptual exhibits correctly show all existing easements, traveled
ways, and drainage courses, and that major modification with the final plans and reports may
require the applicant to process a revised site plan through Planning Commission as directed
by the City Engineer.
29. All utility extensions within the site shall be placed underground unless otherwise specified
or allowed by the respective utility purveyor.
30. Prior to issuance of the grading permit for the development, the Applicant shall pay all
appropriate signalization fees in accordance with the City’s Resolution No. 79-17 and 79-55.
31. Prior to building permit, the Applicant shall pay the appropriate drainage fee in accordance
with the City’s Municipal Code Section 26.49 and Palm Desert Ordinance No. 653.
32. The Applicant shall comply with Palm Desert Ordinance No. 843, Section 24.20 Stormwater
Management and Discharge Ordinance.
33. Prior to a grading permit, the Applicant shall prepare a final grading plan for the site. No
grading or other improvements shall be permitted until a final grading plan has been approved
by the City Engineer. Grading plans and all grading shall conform to the approved Conceptual
Grading Plan, the California Building Code, Palm Desert Municipal Code (PDMC) Title 27
Grading, and all other relevant laws, rules, and regulations governing grading in the City of
Palm Desert.
34. Prior to a grading permit, Applicant may submit combined rough and precise grading plans
for this development. The final grading plans shall show and identify all proposed onsite
improvements in accordance with the approved conceptual grading exhibit
35. All manufactured slopes shall be planted or otherwise protected from the effects of
stormwater runoff and erosion per Palm Desert Municipal Code Section 27.12
36. Grading plan submittal shall include an erosion control plan for review and approval of the
City Engineer.
37. Prior to a grading permit, Applicant shall provide the City verification, to the satisfaction of
the City Engineer, that improvements within existing easements and prescriptive access
roadway have been authorized by the appropriate easement holder(s).
38. Prior to a grading permit, the Applicant shall submit a geotechnical report for review and
approval of the City Engineer. The project’s Geotechnical Engineer shall sign the final
grading plans.
PLANNING COMMISSION RESOLUTION NO. 2879
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39. Prior to grading permit and in compliance with the City of Palm Desert Municipal Code
Chapter 27.24, the Applicant shall enter into an agreement and post financial security
guarantee for all grading work related to this project.
40. Prior to the issuance of a grading permit, the applicant shall submit a PM10 application for
review and approval. The applicant shall comply with all provisions of Palm Desert Municipal
Code Section 24.12 regarding Fugitive Dust Control.
41. Prior to the issuance of a building permit, a licensed land surveyor shall certify the completion
of grading in conformance with the lines and grades shown on the approved grading plans.
42. Prior to building final inspection, the Applicant is responsible for the completion of all
improvements for which plans are required.
BUILDING AND SAFETY DIVISION:
43. 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
C. California Plumbing Code and its appendices and standards.
D. California Mechanical Code and its appendices and standards.
E. California Electrical Code.
F. California Energy Code.
G. California Green Building Standards Code
H. Title 24, California Code of Regulations.
I. California Fire Code and its appendices and standards.
44. The applicant shall coordinate directly with:
Riverside County Fire Marshal’s Office
CAL FIRE/Riverside County Fire Department
77933 Las Montañas Road, Ste 201, Palm Desert, CA 92211
Main: 760-863-8886
45. All contractors and subcontractors shall have a current City of Palm Desert Business License
prior to permit issuance per PDMC, Title 5.
46. 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.
47. 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.
PLANNING COMMISSION RESOLUTION NO. 2879
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FIRE DEPARTMENT:
48. 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
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.
49. 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.
50. 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