HomeMy WebLinkAboutCC RES 04-094RESOLUTION NO. 04-94
A RESOLUTION OF THE CITY COUNCIL APPROVING CUP 02-17 TO
ALLOW A SECOND UNIT AT 74-060 SAN MARINO CIRCLE
CASE NO. CUP 02-17
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 at 74-060 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 02-17:
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.
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.
RESOLUTION NO. 04-94
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 02-17 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:
sE—,._—
RACHELLE D. KLASSEIV, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
ROBERT A. SPIEGE, M
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RESOLUTION NO. 04-94
CONDITIONS OF APPROVAL
CASE NO. CUP 02-17
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 agrees to maintain existing 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. 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.
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
driveway and for the existing one -car carport. The purpose of this condition is to
bring the driveway and carport into compliance with the zoning ordinance off-street
parking requirement that driveways and parking areas be paved.
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RESOLUTION NO. 04-94
9. The proposed garage remodeling to replace the existing one -car wide garage door
with a two car -wide garage door shall be completed within six months from the
date of approval of the conditional use permit. The garage driveway shall be
paved.
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 shalt 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
not be less than 24 feet of unobstructed width and 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.
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