HomeMy WebLinkAboutRes No 2673PLANNING COMMISSION RESOLUTION NO. 2673
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, CONSIDERING ADOPTION OF A NOTICE
OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, AND APPROVAL OF A CONDITIONAL
USE PERMIT TO ALLOW A 2,400-SQUARE-FOOT DETACHED
ACCESSORY STRUCTURE IN THE REAR YARD 25 FEET FROM THE
PROPERTY LINE ON A 40,000-SQUARE-FOOT LOT LOCATED AT 77-700
DELAWARE PLACE
CASE NO: CUP 16-99
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 5th day of July, 2016, hold a duly noticed public hearing to consider the request by
Alfredo Alvidrez, for approval of the above noted project request; and
WHEREAS, the Architectural Review Commission of the City of Palm Desert,
California, did, at their meeting on June 14, 2016, review the plans and unanimously
recommended approval of the plans to the Planning Commission; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
review the request in accordance with Palm Desert Municipal Code Section 25.72.050
"Conditional Use Permits" and Section 25.40.050 "Accessory Structures," and determined
that the detached accessory structures are a conditional use within the Residential Estate
(R-E) zoning district; and
WHEREAS, said applications have complied with the requirements of the "City of
Palm Desert Procedure for Implementation of the California Environmental Quality Act,"
Resolution No. 2015-75, 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 Projects (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, the Planning Commission
did find the following facts and reasons, which are outlined in the staff report reasons to
approve said request:
FINDINGS FOR APPROVAL:
1. That the proposed location of the conditional use is in accordance with the
objectives of the Zoning Ordinance and the purpose of the district in which the
site is located.
The site is located within the Residential Estate (R-E.) zoning district. The
purpose of the R-E zoning district is intended for residential estates with large -lot
development or lower -density cluster -style projects. The existing lot was created
under the jurisdiction of Riverside County, and is a legal lot of record. The
PLANNING COMMISSION RESOLUTION NO. 2673
proposal for a detached accessory structure within the R-E zone 25 feet from
property line requires a Conditional Use Permit (CUP) for land use compatibility.
It can be determined that the approval of this CUP is consistent with the existing
neighborhood, since most other homes in the area have an accessory structure.
The building also conforms to all development standards outlined within Section
25.40.050 "Accessory Structures" contained in the zoning ordinance.
2. That the proposed location of the conditional use and the conditions under which
it would 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 proposed conditional use is adjacent to properties with similar land uses.
The site currently is vacant, but when constructed will be similar to the other
homes and will not create any negative impacts. The proposed detached
accessory structure complies with Section 25.40.050 "Accessory Structures" of
the zoning code. The structure when constructed will comply with all building, life
safety, and environmental codes. Therefore, the conditional use, will not be
detrimental to public health, safety, or welfare.
3. That the proposed conditional use will comply with each of the applicable
provisions of this title, except for approved variances or adjustments.
The proposed conditional use complies with all applicable development
standards for accessory building setbacks per Section 25.40.050 "Accessory
Structures" and height restrictions contained in the zoning code. Based on the
project submittal, staff believes that the use will not create a public nuisance. The
proposed use does not require approval of any variances or adjustment.
4. That the proposed conditional use complies with the goals, objectives, and
policies of the City's general plan.
The General Plan Land Use designation for the site is Low Density Residential.
Goal 2 of the Land Use Element states, the preservation and enhancement of the
City's existing neighborhoods. The proposed detached accessory structure is
consistent with the neighborhood since other property owners have detached
accessory structures. The addition of the building will preserve the existing
neighborhood. Policy 3 of the Land Use Element states, the City shall encourage
in -fill development to maximize the efficient utilization of land and infrastructure.
The existing lot is 40,000 square feet and the proposed detached accessory
structure is appropriate for the lot size. Many lots in other residential areas will
not support these types of structures, but this lot does. The applicant is utilizing
his lot square -footage and the existing infrastructure within Delaware Place.
This project maintains a land use that is consistent with the goals, policies, and
programs of the General Plan. The project is consistent with the General Plan in
respect to the appropriate use of the proposed location. The detached accessory
building is compatible with surrounding land uses.
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PLANNING COMMISSION RESOLUTION NO. 2673
ABSTAIN: NONE
ATTEST:
may'
foil
RYAN STENDELL, SEQ ETARY
PALM DESERT PLANNING COMMISSION
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
Planning Commission in this case.
2. That the Planning Commission does hereby approve the project as proposed,
subject to conditions.
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of
Palm Desert, California, at its regular meeting held on the 5th day of July, 2016, by the
following vote, to wit:
AYES: DE LUNA, GREENWOOD, GREGORY, KELLY, and PRADETTO
NOES: NONE
ABSENT: NONE
170
EENWOOD, CHAIIPERSQN
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PLANNING COMMISSION RESOLUTION NO. 2673
CONDITIONS OF APPROVAL
CASE NO: CUP 16-122
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. The development of the property described herein shall be subject to the restrictions and
limitations set forth herein which are in addition to the approved project and all Palm
Desert 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 or structure
contemplated by this approval, the applicant shall first obtain permits and/or clearance
from the following agencies:
Coachella Valley Water District (CVWD)
Building and Safety Department
Public Works Department
Fire Department
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 of this Conditional Use Permit will require an amendment, which
will result in a new public hearing.
6. Improvements that are not on the approved site plan may be subject to additional
requirements and plan submittals.
Department of Building and Safety:
7. This project shall comply with the latest adopted edition of the following codes:
A. 2013 California Building Code and its appendices and standards.
B. 2013 California Plumbing Code and its appendices and standards.
C. 2013 California Mechanical Code and its appendices and standards.
D. 2013 California Electrical Code.
E. 2013 California Energy Code.
F. 2013 California Green Building Standards Code.
G. Title 24, California Code of Regulations.
H. 2013 California Fire Code and its appendices and standards.
PLANNING COMMISSION RESOLUTION NO. 2673
8. All contractors and subcontractors shall have a current City of Palm Desert Business
License prior to permit issuance per Palm desert Municipal Code, Title 5.
9. 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.
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