HomeMy WebLinkAboutRes No 2185PLANNING COMMISSION RESOLUTION NO. 2185
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
44-536 PORTOLA AVENUE.
CASE NO. CUP 02-15
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. The parcel must contain an existing single-family unit.
The proposed conditional use permit is in compliance as there is an
existing single family home on the property.
2. The second unit shall be incorporated within the living area of the existing
primary dwelling.
3. The second unit shall not result in an increase of more than ten percent in
the existing living area.
Since the applicant is not proposing any additional floor area to the
existing second unit, the second unit is in compliance with ordinance
requirements that a second unit shall be incorporated within the living
area of the existing primary dwelling and that the second unit shall not
result in an increase of more than ten percent in the existing living area.
PLANNING COMMISSION RESOLUTION NO. 2185
4. The unit shall be for rental purposes only and shall be reserved for
occupancy of one or two persons who are sixty years of age or older.
The applicant intends to continue renting the second unit. The second
unit is currently being rented to persons under 60 years of age. To avoid
having to evict existing tenants, staff is recommending a condition of
approval that all future tenants shall be 60 years of age or older.
5. The second unit must be provided with two off-street parking spaces
within a garage or carport per section 25.58.220
The proposed second unit will be in compliance with this requirement
because the applicant is proposing to construct a two -car carport structure
in the rear yard for the second unit. The detached carport will comply with
the accessory structure setback and height limit requirements specified in
Zoning Ordinance Section 25.56.280.0 (copy attached to staff report).
Related case Variance 02-04 has been withdrawn. The variance
application had been filed to request a reduction of the R-1 zone rear yard
setback from 15 feet to 8 feet to allow construction of a two -space carport
for the second unit. However, after further research of the Zoning
Ordinance by Planning staff it was determined that the proposed 8-foot high
detached carport with a an 8-foot rear yard setbacks is a detached gazebo -
like accessory structure that complies with the setback requirements of
Zoning Ordinance Section 25.56.280.c (copy attached) which allows open,
non -habitable, gazebo -like structures with a maximum height of ten feet to
be located in a rear yard with a minimum setback of one foot of setback for
each foot of building height upon approval by the Architectural Review
Commission. On September 24, 2002, the Architectural Review
Commission granted preliminary of the proposed carport.
6. Any new construction associated with the second unit shall comply with all
setbacks, coverage, height and design standards contained within the
base zone and shall not alter the general appearance of the primary
dwelling as a single family residence.
The proposed second unit and the main house are in compliance with the
setbacks, coverage, height and design standards of the R-1 zone. The
second unit will not alter the appearance of the main unit. On September
24, 2002, the Architectural Review Commission granted preliminary
approval of the design of proposed second unit, detached carport, and the
remodeling of the existing main unit.
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PLANNING COMMISSION RESOLUTION NO. 2185
7 The second unit shall have adequate sewer and water services and shall
not adversely impact traffic flow.
Sewer and water service are being provided by the Coachella Valley
Water District. A condition of approval for the second unit requires the
applicant to obtain clearance from the Coachella Valley Water District
prior to the issuance of a building permit to formally legalize the second
unit. The second unit will not adversely affect traffic flow. After Portola
Avenue is widened by the City, vehicular access to the project site will be
via a proposed private alley to be accessed from El Cortez Way.
FINDINGS REQUIRED 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
Califomia through the creation of second units with no age restrictions for
occupants.
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
vicinity. The second unit will compatible with surrounding single-family
homes. The applicant's proposed remodeling of the main unit will enhance
the appearance of the subject property and 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.
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PLANNING COMMISSION RESOLUTION NO. 2185
• 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 02-15 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:
PHILIP DRELL, Scretary
Palm Desert Planing Commission
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/;
CINDY FINRTY, Chairpe
PLANNING COMMISSION RESOLUTION NO. 2185
CONDITIONS OF APPROVAL
CASE NO. CUP 02-15
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
Architectural Review Commission
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. Applicant shall landscape all unpaved areas of the property and shall maintain the
landscaping.
6. 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.
7. Applicant agrees that in the future the second unit shall only be rented to persons
60 years of age or older.
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PLANNING COMMISSION RESOLUTION NO. 2185
8. Prior to the issuance of any building permits for the second unit, the applicant shall
submit to the Planning Department a written agreement signed by the applicant
and the adjacent property owner to the east stating that the property owners of
assessor's parcel numbers 625-062-002, 625-062-003, and 625-062-029 agree to
construct and maintain the proposed alley that will provide vehicle access to the
rear yards of these parcels.
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 Tess than 25 feet nor more than:
200 feet from any portion of a single family dwelling measured via vehicular
travelway.
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. 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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