Loading...
HomeMy WebLinkAboutCC RES 04-093RESOLUTION NO. 04-93 A RESOLUTION OF THE CITY COUNCIL APPROVING CUP 02-16 TO ALLOW A SECOND UNIT AT 74-041 SAN MARINO CIRCLE CASE NO. CUP 02-16 WHEREAS, the City Council of the City of Palm Desert, California, did on the 9th day of September, 2004, hold a duly noticed public hearing to consider a request by Jerome Beauvais to allow an attached second unit with a detached two -car carport at 74-041 San Marino Circle; 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. 02-60," in that the Director of Community Development has determined that the proposed project is a Class 3 categorical exemption per Section 15303 (New Construction or Conversion of Small Structures) of CEQA Guidelines and no further documentation is necessary; and WHEREAS, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said City Council finds the following facts and reasons to justify approval of CUP 02-16: FINDINGS FOR APPROVAL OF A CONDITIONAL USE PERMIT FOR A SECOND UNIT: 1. That the proposed location of the conditional use is in accord with the objectives of the zoning ordinance and the purpose of the district in which it is located. 2. That the proposed location of the conditional use and the conditions under which it will 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. 3. That the proposed conditional use will comply with each of the applicable provisions of the zoning ordinance, except for approved variances or adjustments. 4. The parcel contains an existing single-family unit. 5. The second unit shall be incorporated within the living area of the existing primary dwelling. 6. The second will not result in an increase of more than ten percent in the existing living area. RESOLUTION NO. 04-93 7. The unit shall be for rental purposes only and shall be reserved for occupancy of one or two persons who are sixty years of age or older. 8. The second unit must be provided with two off-street parking spaces within a garage or carport. 9. Any new construction associated with the second unit shall comply with all setbacks, coverage, height and design standards contained within the base zone and shall not alter the general appearance of the primary dwelling as a single family residence. 10. The second unit shall have adequate sewer and water services and shall not adversely impact traffic flow. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That Conditional Use Permit 02-16 is hereby approved for an attached second unit. PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 9th day of September, 2004, by the following vote, to wit: AYES: BENSON, CRITES, FERGUSON, and SPIEGEL NOES: KELLY ABSENT: NONE ABSTAIN: NONE ATTEST: RA HE _LE D. KLASSEN, CTTY CLERK CITY OF PALM DESERT, CALIFORNIA ROBERT A. SPIEGEL, MI4YOR 2 RESOLUTION NO. 04-93 CONDITIONS OF APPROVAL CASE NO. CUP 02-16 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. Construction of said project shall be completed within nine months 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. 3. 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. 4. 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: Coachella Valley Water District City Fire Marshal Public Works Department Evidence of said permit or clearance from the above agencies shall be presented to the Department of Building and Safety at the time of issuance of a building permit for the use contemplated herewith. 5. Applicant shall landscape all unpaved areas of the property and shall maintain the landscaping. 6. The project shall be subject to all applicable fees at time of issuance of building permits including, but not limited to, Art in Public Places, TUMF, and School Mitigation fees. 7. A two -car tandem carport structure shall be constructed for the second unit within six months from the date of project approval. 8. Prior to the issuance of a building permit for the second unit, the property owner shall pave or install two 2-foot wide concrete ribbon strips for the existing gravel circular driveway and for the existing side entry carport the primary unit. The purpose of this condition is to bring the driveway and side entry carport into compliance with the zoning ordinance off-street parking requirements. 3 RESOLUTION NO. 04-93 9. The second unit shall be for rental purposes only. Any tenant residing on the property as of September 9, 2004, who is under 60 years of age may continue to rent the second unit; however, applicant agrees that subsequent/new tenants shall be persons 60 years of age or older. Riverside County Fire Department: 1. With respect to the conditions of approval regarding the above referenced project, the fire department recommends the following fire protection measures be provided in accordance with City Municipal Code, NFPA, UFC, and UBC or any recognized Fire Protection Standards: The Fire Department is required to set a minimum fire flow for the remodel or construction of all buildings per UFC article 87. 2. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual pressure must be available before any combustible material is placed on the job site. 3. Provide or show there exists a water system capable of providing a gpm flow of: 1500 gpm for single family dwellings. 4. The required fire flow shall be available from a wet barrel Super Hydrant(s) 4"x2-1/2" x2-1 /2", located not less than 25 feet nor more than: 200 feet from any portion of a single family dwelling measured via vehicular travelway. 5. All buildings shall be accessible by an all-weather roadway extending to within 150 feet of all portions of the exterior walls of the first story. The roadway shall have 13'6" of vertical clearance. Where parallel parking is required on both sides of the street the roadway must be 36 feet wide, and 32 feet wide with parking on one side. Dead-end roads in excess of 150 feet shall be provided with a minimum 45-foot radius turn -around, 55 foot in industrial developments. 6. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained with twelve months. All questions regarding the meaning of these conditions should be referred to the Fire Marshal's Office at (760) 346-1870. 4