HomeMy WebLinkAboutRes 2024-075RESOLUTION NO. 2024-075
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, MAKING A FINDING 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 7224 0 Upper Way
West and adopted Resolution No. 2022-28 to approve said request; and
WHEREAS, Michael Reilly, Applicant, submitted an application to amend the
above noted project approval in order to move the location of the guesthouse ; 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 Planning Commission of the City of Palm Desert, California, did
on the 20th day of August 2024, at a duly noticed public hearing, adopted Planning
Commission Resolution No. 2879 to recommend the City Council approve 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
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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 exempti ons
identified in CEQA Guidelines Section 15300.2; therefore, no further environmental
review is necessary; and
WHEREAS, the City Council of the City of Palm Desert, California, did on the 10th
day of October 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, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, the City Council 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 CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, AS FOLLOWS:
SECTION 1. Recitals. The City Council 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 zone d Hillside
Planned Residential (HPR) which allows the development of single-family residential
dwellings and accessory structures such as guest houses. The City Council, 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 153 03.
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.
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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 zo ne 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 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
City Council, 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.
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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. That the City Council approve Case No. PP21-0005, Amendment No.
1 (PP24-0005), pursuant to the conditions of approval in Exhibit A.
SECTION 5. Effective Date. This Resolution shall take effect immediately upon
this adoption.
ADOPTED ON OCTOBER 10, 2024.
KARINA QUINTANILLA
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that
Resolution No. 2024-075 is a full, true, and correct copy, and was duly adopted at a
regular meeting of the City Council of the City of Palm Desert on October 10, 2024, by
the following vote:
AYES: NESTANDE, TRUBEE, AND QUINTANILLA
NOES: HARNIK
ABSENT: NONE
ABSTAIN: NONE
RECUSED: KELLY
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Desert, California, on ______________.
ANTHONY J. MEJIA
CITY CLERK
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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 couns el 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.
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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.
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
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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
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.
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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 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.
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32. The Applicant shall comply with Palm Desert Ordinance No. 843, Section 2 4.20
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 g rading
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 appr oval
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 appropri ate 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.
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 cert ify 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.
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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 (P DMC 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:
48. Fire Hydrants and Fire Flow: An existing fire hydrant capable of providing the
minimum required fire flow appears to be located o n 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.
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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
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