HomeMy WebLinkAboutRes No 2184PLANNING COMMISSION RESOLUTION NO. 2184
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING
A CONDITIONAL USE PERMIT TO ALLOW AN ATTACHED
SECOND UNIT ON AN R-1 ZONED PARCEL LOCATED AT
43-574 PORTOLA AVENUE.
CASE NO. CUP 02-14
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 21 st day of November, 2002, hold a duly noticed public hearing which was continued
to January 21 and February 18, 2003, to consider a request by JEROME BEAUVAIS for
the above mentioned; 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. 02-60," in that the Director of Community Development has determined
that the proposed project is a Class 3 categorical exemption per Section 15303 (New
Construction or Conversion of Small Structures) of CEQA Guidelines and no further
documentation is necessary; and
WHEREAS, at 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 granting approval of
said conditional use permit:
FINDINGS FOR APPROVAL OF A CONDITIONAL USE PERMIT:
1. That the proposed location of the conditional use is in accord with the
objectives of zoning ordinance and the purpose of the district in which it is
located.
• Second units are allowed in the R-1 district subject to Planning Commission
approval of a conditional use permit. The proposed second unit will meet
one of the main objectives of the R-1 zone, which is "to encourage the
preservation of residential neighborhoods...." The second unit will also
fulfill the state law objective of increasing the supply of affordable housing in
California through the creation of second units.
2. That the proposed location of the conditional use and the conditions under
which it will be operated or maintained will not be detrimental to the public,
health, safety, or welfare, or be materially injurious to properties or
improvements in the vicinity.
• The second unit will not be detrimental to the public, health, safety, or
welfare, or be materially injurious to properties or improvements in the
PLANNING COMMISSION RESOLUTION NO. 2184
vicinity. The second unit will compatible with surrounding single-family
homes. The applicant's proposed remodeling of the blighted main unit and
the new construction of the second unit will eliminate existing blight on the
subject property and will enhance the appearance of neighborhood.
3. That the proposed conditional use will comply with each of the applicable
provisions of the zoning ordinance, except for approved variances or
adjustments.
• The proposed second unit as conditioned will comply with the current
zoning ordinance requirements.
4. That the proposed conditional use complies with the goals, objectives and
the policies of the city's general plan.
• The proposed second unit is compatible in the existing R-1 zoning district,
and meets all of the City's goals, objectives and policies of the general plan.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Palm Desert, California, as follows:
1. That the above recitations are true and correct and constitute the findings of
the commission in this case.
2. That approval of the Conditional Use Permit 02-14 is hereby granted for
reasons subject to the attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 18th Day of February, 2003, by the following vote, to
wit:
AYES: CAMPBELL, JONATHAN, LOPEZ, TSCHOPP
NOES: FINERTY
ABSENT: NONE
ABSTAIN: NONE
ATTEST'
,00
PHILIP DRELL Secretary `--j
Palm Desert PI nning Commission
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Tom.
CINDY FINEItrY,' Chairpersob
PLANNING COMMISSION RESOLUTION NO. 2184
CONDITIONS OF APPROVAL
CASE NO. CUP 02-14
Department of Community Development:
1. The development of the property shall conform substantially with exhibits on file
with the Department of Community Development, as modified by the following
conditions.
2. Construction of a portion of said project shall commence within one year from the
date of final approval unless an extension of time is granted; otherwise said
approval shall become null, void and of no effect whatsoever.
3. The development of the property described herein shall be subject to the
restrictions and limitations set forth herein which are in addition to all municipal
ordinances and state and federal statutes now in force, or which hereafter may be
in force.
4. Prior to issuance of a building permit for construction of any use contemplated by
this approval, the applicant shall first obtain permits and/or clearance from the
following agencies:
Coachella Valley Water District
Palm Desert Architectural Review Commission
City Fire Marshal
Public Works Department
Evidence of said permit or clearance from the above agencies shall be presented
to the Department of Building and Safety at the time of issuance of a building
permit for the use contemplated herewith.
5. Prior to the issuance of a building permit for second unit, the applicant shall first
obtain a building permits to: (a) expand the living area of the existing unit by 630
square feet, (b) remodel the existing primary dwelling and the existing detached
guest unit, and (c) construct a trellis to attach the guest dwelling and the 630
square foot addition to the existing primary dwelling.
6. The second unit shall be rented only to persons 60 years of age or older.
7. Applicant agrees to maintain project landscaping.
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PLANNING COMMISSION RESOLUTION NO. 2184
8. The project shall be subject to all applicable fees at time of issuance of building
permits including, but not limited to, Art in Public Places, TUMF and School
Mitigation fees.
9. The project's setbacks shall conform to standards in Section 25.16.050 of the
City's Zoning Ordinance.
Department of Public Works:
1. Property shall be re -addressed onto El Cortez to eliminate access confusion
issues.
2. Recorded easement in accordance with Fire department requirements shall be
submitted prior to issuance of any permit.
3. Any and all offsite improvements shall be preceded by the approval of plans and
the issuance of valid encroachment permits by the Public Works Department.
Riverside County Fire Department:
1. With respect to the conditions of approval regarding the above referenced
project, the fire department recommends the following fire protection measures
be provided in accordance with City Municipal Code, NFPA, UFC, and UBC or
any recognized Fire Protection Standards:
The Fire Department is required to set a minimum fire flow for the remodel or
construction of all buildings per UFC article 87.
2. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual pressure must be
available before any combustible material is placed on the job site.
3. Provide or show there exists a water system capable of providing a gpm flow of:
1500 gpm for single family dwellings.
4. The required fire flow shall be available from a wet barrel Super Hydrant(s)
4"x2-1/2" x2-1/2", located not less than 25 feet nor more than:
200 feet from any portion of a single family dwelling measured via vehicular
travelway.
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PLANNING COMMISSION RESOLUTION NO. 2184
5. All buildings shall be accessible by an all-weather roadway extending to within
150 feet of all portions of the exterior walls of the first story. The roadway shall
have 13'6" of vertical clearance. Where parallel parking is required on both sides
of the street the roadway must be 36 feet wide, and 32 feet wide with parking on
one side. Dead-end roads in excess of 150 feet shall be provided with a
minimum 45-foot radius tum-around, 55 foot in industrial developments.
6. Whenever access into private property is controlled through use of gates,
barriers or other means, provisions shall be made to install a Knox Box key over-
ride system to allow for emergency vehicle access. Minimum gate width shall be
16 inches with a minimum vertical clearance of 13'-6".
7. All buildings shall have illuminated addresses of a size approved by the city.
8. Conditions subject to change with adoption of new codes, ordinances, laws, or
when building permits are not obtained with twelve months.
All questions regarding the meaning of these conditions should be referred to the Fire
Marshal Office at (760) 346-1870.
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