HomeMy WebLinkAboutRes No 27581
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PLANNING COMMISSION RESOLUTION NO. 2758
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING PRECISE PLAN 19-0001 AND
CONDITIONAL USE PERMIT 19-0004 TO CONSTRUCT TWO ADDITIONAL
DWELLINGS, AND ESTABLISH A RECREATIONAL EVENT FACILITY WITH
INCIDENTAL OVERNIGHT STAYS ON A PROPERTY CONTAINING A
HISTORIC STRUCTURE, GENERALLY KNOWN AS THE MILES C. BATES
HOUSE AT 73-697 SANTA ROSA WAY; AND ADOPTION A NOTICE OF
EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
CASE NOS: PP 19-0001/CUP 19-0004
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 18th day of June 2019, hold a duly noticed public hearing to consider the request
by Palm Desert Wave House, LLC, for the above -noted; and
WHEREAS, the project site is located in the Mixed Residential (R-2) zoning district
with a Senior Housing overlay (SO) per the City of Palm Desert Zoning Map; and
WHEREAS, on the 11 th day of January 2018, the City Council of the City of Palm
Desert, California, adopted Resolution No. 2018-04 designating 73-697 Santa Rosa Way
with landmark designation; and
WHEREAS, on the 13th day of December 2018, the City Council of the City of Palm
Desert, California, authorized the approval of a Historic Property Preservation Agreement,
"Mills Act Contract," for the subject property; 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 significant impact on the environment and that the project
is categorically exempt under Article 19, Section 15303 — New Construction or
Conversion of Small Structures (Class 3) of the CEQA Guidelines; 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 purpose of the Mixed Residential (R-2) zoning designation is to provide
moderate density housing and mixed -uses including limited commercial and
institutional land uses. The SO expands upon this base district by permitting high
PLANNING COMMISSION RESOLUTION NO. 2758
density, age -restricted housing which may include associated recreational facilities
and varying degrees of ancillary support services. The proposal for a recreational
event facility, with ancillary overnight stays is similar to other institutional and
recreational land uses, which are listed as a conditional use in the City's zoning
ordinance. It can be determined that the approval of this conditional use permit is
consistent with the conditional permitted uses listed in the zoning district, and conforms to
all development standards contained in the Zoning Ordinance with the exception of design
modifications granted for on -site parking and rear setbacks to ensure conformance with
the property's approved Historic Property Preservation Agreement.
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 a mix of moderate -density multi -family
apartments and institutional facilities supporting assembly uses. The site features a
historic mid-century home constructed in 1955. The proposed additions and landscape
enhancements will improve the appearance of the property while preserving the
existing historic resource and outward residential character. Additionally, the proposed
operations plan and conditions of approval have imposed limitations to address
potential impacts to surrounding land uses with respect to noise, traffic, and parking
issues. Therefore, the conditional use, building, site, and landscape improvements will
not be detrimental to public health, safety, or welfare, and will enhance surrounding
properties rather than detract from them.
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 Permit (CUP) requests an exception for parking
reduction to maintain the historic character of the structure. The exception is intended
to accomplish requirements of the Historic Property Preservation Agreement to
prevent blockage of the historic dwelling's view corridor from Santa Rosa Way.
Additionally, the proposal requests a 25% reduction of the required rear setback to
limit the visual impact of the new additions on the existing historic building.
Beyond these exceptions, the proposed building additions and improvements comply with
all applicable development standards for building setbacks and height restrictions, parking
requirements, and operational standards contained in the zoning code.
4. That the proposed conditional use complies with the goals, objectives, and policies of
the City's general plan.
The project site is designated Small Town Neighborhood per the Palm Desert General
Plan Land Use Map. This designation is intended to provide moderate intensity
neighborhood development with limited commercial mixed uses, while preserving or
enhancing the existing inventory of 1950s desert homes. The proposed conditional
use fulfills the intent of this zone by preserving and adaptively reusing a designated
historic resource constructed in 1955, and providing a complementary commercial
use.
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PLANNING COMMISSION RESOLUTION NO. 2758
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Goal 9, Policy 3 of the General Plan Land Use and Community Character Element
encourages fiscal stability through diversification of the City's tax base. The proposed
conditional use permit furthers this goal by providing a unique destination that directly
provides transient occupancy tax (TOT) and indirectly increases sales tax through the
attraction of additional visitors to the downtown area.
Goal 9, Policy 5 of the Environmental Resources Element encourages the
preservation of historic resources where possible. The proposed use accomplishes
this by restoring the existing historic structure per national preservation standards and
applying design elements of the structure to new additions.
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 19-0001 and
Conditional Use Permit 19-0004, subject to the conditions of approval attached.
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City
of Palm Desert, California, at its regular meeting held on the 18th day of June 2019, by
the following vote, to wit:
AYES: DE LUNA, GREENWOOD, GREGORY, and PRADETTO
NOES: NONE
ABSENT: HOLT
ABSTAIN: NONE
ATTEST:
RYAN STENDELL, SECRETARY
PALM DESERT PLANNING COMMISSION
N GREGORY AIR
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PLANNING COMMISSION RESOLUTION NO. 2758
CONDITIONS OF APPROVAL
CASE NO. PP 19-0001/CUP 19-0004
Department of Community Development:
1. The Project site shall be developed and maintained in conformance with the
approved plans and operations statements 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. 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.
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
Public Works Department
Fire Department
6. The Applicant and/or any successor in interest shall comply with all applicable local,
state, and federal laws and regulations.
7. All ground mounted utility structures including, but not limited to, transformers, HVAC
equipment, and backflow prevention valves shall be located out of view from any
public street or adequately screened through the use of landscaping and/or masonry
walls.
8. Site lighting shall be reviewed and approved by the Department of Community
Development and shall conform to the City's Outdoor Lighting Ordinance.
9. All project irrigation systems shall function properly and landscaping shall be
maintained in a healthy and thriving condition. The maintenance of landscaping and
the irrigation system shall be permanently provided for all areas of the project site,
as well as walkways and the portion of public right-of-way abutting the project site
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PLANNING COMMISSION RESOLUTION NO. 2758
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(parkways and medians). Furthermore, the plans shall identify responsibility for the
continued maintenance (such as homeowners' association, landscape maintenance
district, property owner, etc.).
10. A copy of the herein -listed conditions of approval shall be included in the construction
documentation package for the project, which shall be continuously maintained on
site during project construction.
11. The Applicant shall register in writing with Department of Community Development,
the name of a responsible contact or authorized agent, address, and telephone
number to whom any notice should be given should issues with the operation of the
facility arise.
12. The Applicant shall abide by all provisions of the Palm Desert Noise Control
Ordinance (Chapter 9.24 of the Palm Desert Municipal Code. The Applicant shall
implement noise control measures to ensure compliance with the Palm Desert Noise
Ordinance. Amplified outdoor music shall be prohibited.
A. If any noise becomes disturbing, excessive, or offensive to the occupants in the
area and is reported by any five (5) unrelated persons of normal sensitivity
within a 12-month period, City staff shall reconsider the CUP with a new public
hearing to the Planning Commission to recommend modifying or revoking the
CUP.
13. The Applicant shall remove litter from the premises, and any adjacent public
sidewalks, parking areas within the immediate vicinity of the site daily, and shall keep
the areas swept weekly to prevent debris buildup.
14. The Applicant shall secure and maintain a parking agreement for the long-term use
of 40 off-street parking spaces prior to commencing with any events. A copy of the
executed parking agreement shall be provided to the Department of Community
Development. If a parking agreement lapses or is terminated and parking is no longer
available, use of the facility for events shall be prohibited.
15. The Applicant shall abide by all terms and agreements of the Historic Property
Preservation Agreement ("Mills Act Contract") approved by the Palm Desert City
Council under Resolution No. 2018-04.
16. The use of temporary facilities, including but not limited to portable sanitary facilities
and temporary generators, shall not be permitted at any time.
17. The maximum occupancy for any event shall be 150 persons. Event frequency shall
be limited as follows:
A. Events with 49 to 75 occupants shall be limited to a maximum of once per week.
B. Events with 76 to 150 occupants shall be limited to a maximum of 12 per year.
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PLANNING COMMISSION RESOLUTION NO. 2758
18. The maximum occupancy for overnight stays shall be six (6) total occupants.
19. The Applicant shall provide advanced notice to the City of Palm Desert Department
of Community Development for any events with 49 or more occupants.
20. The Applicant shall obtain all required approvals from the County of Riverside
Department of Environmental Health and California Department of Alcoholic
Beverage Control prior to any events.
Department of Public Works:
21. 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.
22. The Applicant shall 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.
23. The Applicant shall abide by all provisions of City of Palm Desert Ordinance 843,
Section 24.20 Stormwater Management and Discharge Ordinance.
24. Pad elevations, as shown on the tentative map, are subject to review and
modification in accordance with Chapter 27 of the Palm Desert Municipal Code.
25. The Applicant shall grant the City pedestrian easements at the driveways on Santa
Rosa Way.
END OF CONDITIONS
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