HomeMy WebLinkAboutRes No 27521
1
1
PLANNING COMMISSION RESOLUTION NO. 2752
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT
EXPANDING THE NUMBER OF RESIDENTS IN AN EXISTING
RESIDENTIAL CARE FACILITY FOR THE ELDERLY FROM 6 TO 10
RESIDENTS LOCATED IN AN EXISTING SINGLE-FAMILY RESIDENCE AT
44-645 SAN ONOFRE AVENUE; AND ADOPTING A NOTICE OF
EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
CASE NO: CUP 18-0008
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 19th day of February 2019, hold a duly noticed public hearing to consider the request by
Ms. Yolanda Alkawass for approval of the above -noted; and
WHEREAS, the project is located in the Mixed Residential (R-2) zoning district, which
allows "assisted living" as permitted uses subject to approval of a Conditional Use Permit
(CUP); 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. 2015-75, in that the Director of Community Development has determined that the Project
will not have a negative impact on the environment and qualifies as a Class 32 Categorical
Exemption for the purposes of CEQA; and
WHEREAS, at the 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 the approval of said
request:
FINDINGS OF 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 zoning designation for this property is Mixed Residential (R-2), which is
intended for a variety of housing choices and mixed -uses. The proposed 10-bed
residential care facility for the elderly will provide a supportive living environment
within an existing single-family residence at an intensity suitable for the residential
character of the existing neighborhood.
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 will not be detrimental to the public health, safety,
or welfare, or be materially injurious to properties or improvements in the vicinity.
The applicant has operated at the existing residence since June 2011. The City
PLANNING COMMISSION RESOLUTION NO. 2752
has received no substantial public nuisance complaints from neighboring residents
regarding the operation of the facility. The facility is not within close proximity to
similar elder care, assisted living or other large group home facilities, which may
generate cumulative adverse parking and noise impacts on the neighboring. The
applicant has demonstrated that this facility is capable of operating in a manner
that is compatible with neighboring residences.
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 will comply with each of the applicable provisions of
this title. The facility is located within an existing single-family, which complies with
the development standards for the R-2 zoning designation, with the exception of
the legal non -conforming rear yard setback.
The R-2 district requires all structures containing living areas to be setback a
minimum of 15' from rear property lines. The existing home has a rear setback of
13'-1 " (a 13% reduction of required) which is consistent with potential setback
reductions granted at the staff -level.
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 "Small Town Neighborhood."
This designation is intended to provide moderate intensity neighborhood
development, which may additional land uses including retail, care, public facilities,
guest house and family day care homes when compatible. The proposed care
facility is compatible with surrounding land uses as operations do not alter the
residential character of the existing home.
This use supports Program 9.B of the General Plan Housing Element, which
encourages the development of assisted living facilities for seniors. The facility will
provide needed services and care to elderly residents in the setting of a single-
family residence.
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 Precise Plan 18-0007 and
Conditional Use Permit 18-0008, subject to the conditions of approval (attached).
2
PLANNING COMMISSION RESOLUTION NO. 2752
1
1
1
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of
Palm Desert, California, at its regular meeting held on the 19th day of February 2019, by the
following vote, to wit:
AYES: DE LUNA, GREENWOOD, GREGORY, and HOLT
NOES: NONE
ABSENT: PRADETTO
ABSTAIN: NONE
ATTEST:
RYA N STENDELL, SECRETARY
PALM DESERT PLANNING COMMISSION
3
PLANNING COMMISSION RESOLUTION NO. 2752
CONDITIONS OF APPROVAL
CASE NO. CUP 18-0008
Department of Community Development:
1. The Project site shall be developed and maintained in conformance with the approved
plans on file with the Department of Community Development, except as modified by
conditions herein.
2. All construction documentation shall be coordinated for consistency, including, but not
limited to, architectural, structural, mechanical, electrical, plumbing, landscape and
irrigation, grading, and street improvement plans. All such plans shall be consistent with
the approved entitlement plans on file with the Department of Community Development.
3. Construction of said project shall commence within two years 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.
4. Any proposed modifications to this Conditional Use Permit shall require an amendment
to the application, which will result in a new public hearing.
5. 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
Coachella Valley Water District
6. The Applicant shall agree to defend, indemnify, and hold harmless the City of Palm
Desert or its agents, officers, and employees from any claim, action or proceeding
against the City of Palm Desert or its agents, officers or employees, to attack, set aside,
void, or annul, any approval of the City of Palm Desert, whether by its City Council,
Planning Commission, or other authorized board or officer of the City.
7. The total number of residents of the facility shall be no more than ten.
8. The use of the facility shall be limited to a residential care facility for the elderly.
Operational changes which increase the intensity or scope of services provided by the
facility shall be subject to Department of Community Development review.
9. The Applicant shall preserve the exterior single-family residential character of the facility.
No exterior signage shall be permitted, excepted as mandated by state and/or federal
law.
10. The property shall be maintained in accordance with landscape maintenance
requirements contained in the Palm Desert Municipal Code.
4
PLANNING COMMISSION RESOLUTION NO. 2752
1
1
1
11. All facility operations shall comply with the City of Palm Desert's outdoor lighting and
noise ordinances.
12. The applicant or any successor in interest shall comply with all applicable local, state,
and federal laws and regulations.
Department of Building and Safety:
13. This project shall comply with the latest adopted editions of the following codes:
A. 2016 California Building Code and its appendices and standards.
B. 2016 California Plumbing Code and its appendices and standards.
C. 2016 California Mechanical Code and its appendices and standards.
D. 2016 California Electrical Code.
E. 2016 California Energy Code.
F. 2016 California Green Building Standards Code
G. 2016 California Administrative Code.
H. 2016 California Fire Code and its appendices and standards.
14. 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.
15. 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.
16. Address numerals shall comply with Palm Desert Ordinance No. 1310 (PDMC 15.28.
Compliance with Ordinance 1310 regarding street address location, dimension, a stroke
of line, distance from the street, height from grade, height from the 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 1310 or Municipal Code Section 15.28 from the
Department of Building and Safety counter staff.
17. Please contact the Department of Building and Safety at (760) 776-6420 regarding the
addressing of all buildings and/or suites.
Fire Department:
18. This facility shall submit a fire pre -inspection request and fee for review of the layout,
egress and occupancy load. Appropriate state forms shall be submitted by licensing
agency to Fire Department for field inspection and final approval.
END OF CONDITIONS
5