HomeMy WebLinkAboutRes No 2646PLANNING COMMISSION RESOLUTION NO. 2646
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL FOR
CONSIDERATION OF ADOPTION OF A NOTICE OF EXEMPTION IN
ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT; AND A NEW 674-SQUARE-FOOT DETACHED CASITA AND
FACADE RENOVATION TO AN EXISTING HOUSE ON A HILLSIDE
PLANNED RESIDENTIAL PROPERTY LOCATED AT 72-375 UPPER WAY
WEST (APN 628-130-027)
CASE NO: PP/HDP 14-289
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
17th day of February, 2015, hold a duly noticed public hearing to consider the request by Mary
Connor Limont IRA Sunwest Trust for approval of the above noted; and
WHEREAS, according to the California Environmental Quality Act (CEQA), the City
must determine whether a proposed activity is a project subject to CEQA. If the project is
subject to CEQA, staff must conduct a preliminary assessment of the project to determine
whether the project is exempt from CEQA review. If a project is not exempt, further
environmental review is necessary. The application has complied with the requirements of
the "City of Palm Desert Procedure for Implementation of the California Environmental Quality
Act," Resolution No. 2014-41, in the Director of Community Development has determined that
the proposed project request is categorically exempt under Article 19 Section 15303 New
Construction or Conversion of small structures (Class 3) of the CEQA; therefore, no further
environmental review 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, which are outlined in the staff report reasons to
approve the said request:
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 recommendation
of approval to the City Council of the Planning Commission in this case.
2. That the Planning Commission does hereby recommend approval to the City
Council for Case No. PP/HDP 14-289, subject to conditions.
PLANNING COMMISSION RESOLUTION NO. 2646
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of
Palm Desert, California, at its regular meeting held on the 17th day of February 2015, by
the following vote, to wit:
AYES: CAMPBELL, DE LUNA, GREENWOOD, PRADETTO, and STENDELL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ELL, CHAIRPERSON
LAURI AYLAIAN, SECRETARY
PALM DESERT PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 2646
CONDITIONS OF APPROVAL
CASE NO: PP/HDP 14-289
DEPARTMENT OF COMMUNITY DEVELOPMENT:
1. The development of the property shall conform substantially with exhibits on file with the
Department of Community Development/Planning, as modified by the following
conditions.
2. 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.
3. 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:
Building & Safety Department
City Fire Marshal
Public Works Department
Coachella Valley Water District
Evidence of said permit or clearance from the above agencies shall be presented to the
Department of Building & Safety at the time of issuance of a building permit for the use
contemplated herewith.
4. Applicant shall defend, indemnify and hold harmless the city against any third party legal
challenge to these approvals, with counsel chosen by the City at applicant's expense.
5. Any proposed change to PP 14-289 will require an amendment, which will result in a
new public hearing.
6. All conditions of approval shall be recorded with the Riverside County Clerk's office before
any building permits are issued. Evidence of recordation shall be submitted to the
Department of Community Development/Planning.
PLANNING COMMISSION:
1. The applicant agreed to remove the taller palm tree, which is located behind the existing
home, provided that the removal of the palm tree does not damage the structural
integrity of the hillside slope or home. If removal of the palm tree is damaging to the
slope or home, the palm tree shall remain.
DEPARTMENT OF PUBLIC WORKS:
1. The applicant shall submit a grading plan to the Department of Public Works for review
and approval. Any changes to the approved civil or landscape plans must be reviewed for
approval prior to work commencing.
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PLANNING COMMISSION RESOLUTION NO. 2646
2. The applicant shall submit a soils report concurrently with the submittal of the precise
grading plan.
3. The grading plan shall identify all proposed and existing utilities.
4. Submit a PM10 application for approval. The applicant shall comply with all provisions of
Palm Desert Municipal Code Section 24.12 regarding Fugitive Dust Control.
5. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843,
Section 24.20 Stormwater Management and Discharge Ordinance.
6. The applicant shall submit an erosion control plan concurrently with the grading plan.
7. The plan shall provide a drainage device for onsite drainage prior to discharge offsite.
8. The applicant shall submit a landscape plan concurrently with the precise grading plan for
review and approval. Applicants are advised to use the City of Palm Desert Design Guide
when designing plans. Landscape plans must meet the following criteria:
A. Must be water efficient in design and meet the City of Palm Desert's Water Efficient
Landscape Ordinance.
B. Planting plans must show location of proposed and existing utilities.
C. Must match approved civil plans.
D. All specs and details must be site specific.
E. Applicants must have CVWD approval of their irrigation plans prior to City approval.
F. Applicants must have a stamp or signature from the County Agricultural
Commissioner before City approval.
DEPARTMENT OF BUILDING AND SAFETY:
1. This project shall comply with the latest adopted edition of the following codes:
A. 2013 California Building Code and its appendices and standards.
B. 2103 California Residential Code and its appendices and standards
C. 2013 California Plumbing Code and its appendices and standards.
D. 2013 California Mechanical Code and its appendices and standards.
E. 2013 California Electrical Code.
F. 2010 California Energy Code. (Until July 1, 2014)
G. 2013 California Green Building Standards Code.
H. Title 24 California Code of Regulations.
I. 2013 California Fire Code and its appendices and standards.
2. All contractors and subcontractor shall have a current City of Palm Desert Business
License prior to permit issuance per Palm Desert Municipal Code, Title 5.
3. An approved automatic fire sprinkler system shall be installed as required per the City of
Palm Desert Code Adoption Ordinance 1265.
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PLANNING COMMISSION RESOLUTION NO. 2646
4. 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.
5. Address numerals shall comply with Palm Desert Ordinance No. 1265 (Palm Desert
Municipal Code 15.28). Compliance with Ordinance 1265 regarding street address
location, dimension, stroke of line, distance from street, height from grade, height from
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. You may request a copy of Ordinance 1265 or Municipal Code Section 15.28
from the Department of Building and Safety counter staff.
6. Please contact Ms. Cherie Williams, Building and Safety Technician, at the Department
of Building and Safety (760) 776-6420 regarding the addressing of all building and/or
suites.
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