HomeMy WebLinkAboutRes No 2280PLANNING COMMISSION RESOLUTION NO. 2280
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA
RECOMMENDING TO THE CITY COUNCIL APPROVAL OF
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 20th day of July, 2004, hold a duly noticed public hearing 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 FOR A
SECOND UNIT:
1. That the proposed location of the conditional use is in accord with the
objectives of the zoning ordinance and the purpose of the district in which it
is located.
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.
3. That the proposed conditional use will comply with each of the applicable
provisions of the zoning ordinance, except for approved variances or
adjustments.
4. The parcel contains an existing single-family unit.
5. The second unit shall be incorporated within the living area of the existing
primary dwelling.
PLANNING COMMISSION RESOLUTION NO. 2280
6. The second will not result in an increase of more than ten percent in the
existing living area.
7 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.
8. The second unit must be provided with two off-street parking spaces
within a garage or carport.
9. 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.
10. The second unit shall have adequate sewer and water services and shall
not adversely impact traffic flow.
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 20th day of July, 2004, by the following vote, to wit:
AYES: CAMPBELL, LOPEZ, TSCHOPP NATHAN
NOES: FINERTY
ABSENT: NONE
ABSTAIN: NONE
•)1/1.112
PHILIP DRELL'(Secretary
Palm Desert Planning Commission
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SABBY J • ATHAN, Chairperson
PLANNING COMMISSION RESOLUTION NO. 2280
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
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 second unit shall be only be rented to persons
60 years of age or older within six months of the approval date of the conditional
use permit.
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PLANNING COMMISSION RESOLUTION NO. 2280
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.
9. The applicant shall construct a two -car carport for the second unit within six
months from the date of project approval.
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
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 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.
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PLANNING COMMISSION RESOLUTION NO. 2280
All questions regarding the meaning of these conditions should be referred to the Fire
Marshal Office at (760) 346-1870.
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