HomeMy WebLinkAboutRes No 27701
PLANNING COMMISSION RESOLUTION NO. 2770
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
GROUP HOME FACILITY FROM 6 TO 12 RESIDENTS LOCATED IN AN
EXISTING SINGLE-FAMILY RESIDENCE AT 44755 DEEP CANYON
ROAD; AND ADOPTING A NOTICE OF EXEMPTION IN ACCORDANCE
WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
CASE NO: CUP 19-0008
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 3rd day of December 2019, hold a duly noticed public hearing to consider the
request by HEARTbeat at 22 for approval of the above -noted; and
WHEREAS, the project is located in the Downtown Edge Transition Overlay (DE-
O) zoning district, which allows "group homes" 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 DE-O, which is intended for a variety
of housing choices and mixed -uses. The proposed 12-bed group home 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
PLANNING COMMISSION RESOLUTION NO. 2770
vicinity. The applicant has operated at the existing residence since July 2013.
The City 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 use, 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 zoning designation.
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 "Downtown." This
designation is intended to provide high intensity mixed -use development, which
may additional land uses including retail, entertainment along with multi -family
dwellings when compatible. The proposed group home facility is compatible
with surrounding land uses as operations do not alter the residential character
of the existing home.
This use supports Program 9.8 of the General Plan Housing Element, which
encourages the development of care facilites. The facility will provide needed
services and care to 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 Conditional Use Permit 19-
0008, subject to the conditions of approval (attached).
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PLANNING COMMISSION RESOLUTION NO. 2770
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PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City
of Palm Desert, California, at its regular meeting held on the 3rd day of December 2019,
by the following vote, to wit:
AYES: GREENWOOD, GREGORY, and PRADETTO
NOES: NONE
ABSENT: DE LUNA and HOLT
ABSTAIN: NONE
ATTEST:
RYA N STENDELL, SECRETARY
PALM DESERT PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 2770
CONDITIONS OF APPROVAL
CASE NO. CUP 19-0008
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 12.
8. The use of the facility shall be limited to a group home. 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.
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PLANNING COMMISSION RESOLUTION NO. 2770
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10. The property shall be maintained in accordance with landscape maintenance
requirements contained in the Palm Desert Municipal Code.
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.
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PLANNING COMMISSION RESOLUTION NO. 2770
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
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