HomeMy WebLinkAboutRes No 2186PLANNING COMMISSION RESOLUTION NO. 2186
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING
A CONDITIONAL USE PERMIT TO ALLOW AN ATTACHED
SECOND UNIT AND AN ATTACHED TWO -CAR TANDEM
CARPORT ON AN R-1 ZONED PARCEL LOCATED AT 74-
041 SAN MARINO CIRCLE.
CASE NO. CUP 02-16
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 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 attached carport structure will be
PLANNING COMMISSION RESOLUTION NO. 2186
architecturally compatible with the second unit and will not be materially
injurious to properties or improvements in the vicinity.
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.
The proposed two -car carport structure is compatible with the California
bungalow architecture of the main house and the attached second unit and
with the character of the neighborhood.
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 02-16 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
NOES: FINERTY, TSCHOPP
ABSENT: NONE C{
ABSTAIN: NONE 'C f44i 1—iih_k,-
CINDY FINErp RTI(, Chai erdon
PHILIP DRELL, lecretary
Palm Desert Planning Commission
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PLANNING COMMISSION RESOLUTION NO. 2186
CONDITIONS OF APPROVAL
CASE NO. CUP 02-16
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. A two -car tandem carport structure shall be constructed attached to the second
unit.
6. Applicant agrees to maintain existing landscaping.
7. 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.
8. Applicant agrees that in the future the second unit shall be only be rented to
persons 60 years of age or older.
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PLANNING COMMISSION RESOLUTION NO. 2186
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.
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
not be less than 24 feet of unobstructed width and 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 turn -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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