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Home My WebLink AboutCC RES 2015-13RESOLUTION NO. 2015-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND APPROVING A NEW 674-SQUARE-FOOT DETACHED CASITA AND FACADE RENOVATION TO AN EXISTING HOUSE ON A HILLSIDE PLANNED RESIDENTIAL PROPERTY LOCATED AT 72-375 UPPER WAY WEST (APN: 628-130-027) CASE NO: PP/HDP 14-289 WHEREAS, the City Council of the City of Palm Desert, Califomia, did on the 12th day of March, 2015, hold a duly noticed public hearing to consider the request by Mary Connor Limont IRA Sunwest Trust for approval of the above noted; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 17th day of February, 2015, hold a duly noticed public hearing and recommended approval to the City Council of the project request by Mary Connor Limont IRA Sunwest Trust of the above noted; and WHEREAS, according to the California Environmental Quality Act (CEQA), the City must determine whether a proposed activity is a project subject to CEQA. If the project is subject to CEQA, staff must conduct a preliminary assessment of the project to determine whether the project is exempt from CEQA review. If a project is not exempt, further environmental review is necessary. The application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act," Resolution No. 2014-41, in the Director of Community Development has determined that the proposed project request is categorically exempt under Article 19 Section 15303 New Construction or Conversion of small structures (Class 3) of the CEQA; therefore, no further environmental review is necessary; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons, which are outlined in the staff report reasons to approve the said request: 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 approval of the City Council in this case. 2. That the City Council approves Case No. PP/HDP 14-289, subject to conditions. RESOLUTION NO. 2015-13 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 12th day of March 2015, by the following vote, to wit: AYES: AARNIK, JONATHAN, TANNER, and WEBER NOES: NONE ABSENT: SPIEGEL ABSTAIN: NONE ATTEST: RA . KLASSEN, ci'jY CLERK CITY OF PALM DESERT, CALIFORNIA uk- Susan Marie Weber, Mayor G:'Planning\Kevin Swartz\Word\Prec,se Plans\PP 14.289 Limont Casita\CC Reso doc RESOLUTION NO 2015-13 CONDITIONS OF APPROVAL CASE NO: PP/HDP 14-289 DEPARTMENT OF COMMUNITY DEVELOPMENT: 1. The development of the property shall conform substantially with exhibits on file with the Department of Community Development/Planning, as modified by the following conditions. 2. 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. 3. 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 Public Works Department Coachella Valley Water District Evidence of said permit or clearance from the above agencies shall be presented to the Department of Building & Safety at the time of issuance of a building permit for the use contemplated herewith. 4. Applicant shall defend, indemnify and hold harmless the city against any third party legal challenge to these approvals, with counsel chosen by the City at applicant's expense. 5. Any proposed change to PP 14-289 will require an amendment, which will result in a new public hearing. 6. All conditions of approval shall be recorded with the Riverside County Clerk's office before any building permits are issued. Evidence of recordation shall be submitted to the Department of Community Development/Planning. PLANNING COMMISSION: 1. The applicant agreed to remove the taller palm tree, which is located behind the existing home, provided that the removal of the palm tree does not damage the structural integrity of the hillside slope or home. If removal of the palm tree is damaging to the slope or home, the palm tree shall remain. DEPARTMENT OF PUBLIC WORKS: 1. 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. G.\Planning\Kevin Swartz\Word\Precise Plans\PP 14-289 Limont Casita\CC Reso.doc RESOLUTION NO. 2015-13 2. The applicant shall submit a soils report concurrently with the submittal of the precise grading plan. 3. The grading plan shall identify all proposed and existing utilities. 4. 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. 5. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843, Section 24.20 Stormwater Management and Discharge Ordinance. 6. The applicant shall submit an erosion control plan concurrently with the grading plan. 7. The plan shall provide a drainage device for onsite drainage prior to discharge offsite. 8. The applicant shall submit a landscape plan concurrently with the precise grading plan for review and approval. Applicants are advised to use the City of Palm Desert Design Guide when designing plans. Landscape plans must meet the following criteria: A. Must be water efficient in design and meet the City of Palm Desert's Water Efficient Landscape Ordinance. B. Planting plans must show location of proposed and existing utilities. C. Must match approved civil plans. D. All specs and details must be site specific. E. Applicants must have CVWD approval of their irrigation plans prior to City approval. F. Applicants must have a stamp or signature from the County Agricultural Commissioner before City approval. DEPARTMENT OF BUILDING AND SAFETY: 1. This project shall comply with the latest adopted edition of the following codes: A. 2013 California Building Code and its appendices and standards. B. 2103 California Residential Code and its appendices and standards C. 2013 California Plumbing Code and its appendices and standards. D. 2013 Califomia Mechanical Code and its appendices and standards. E. 2013 California Electrical Code. F. 2010 California Energy Code. (Until July 1, 2014) G. 2013 California Green Building Standards Code. H. Title 24 California Code of Regulations. I. 2013 California Fire Code and its appendices and standards. 2. All contractors and subcontractor shall have a current City of Palm Desert Business License prior to permit issuance per Palm Desert Municipal Code, Title 5. 3. An approved automatic fire sprinkler system shall be installed as required per the City of Palm Desert Code Adoption Ordinance 1265. G:Planning'Xevin SwartzlWord\Prease Plans\PP 14-288 Umont CasitalCC Reso.doc RESOLUTION NO. 2015-13 4. 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. 5. Address numerals shall comply with Palm Desert Ordinance No. 1265 (Palm Desert Municipal Code 15.28). Compliance with Ordinance 1265 regarding street address location, dimension, stroke of line, distance from street, height from grade, height from 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 1265 or Municipal Code Section 15.28 from the Department of Building and Safety counter staff. 6. Please contact Ms. Cherie Williams, Building and Safety Technician, at the Department of Building and Safety (760) 776-6420 regarding the addressing of all building and/or suites. G:\Planning1Kevin Swartz\WordTrease Plans\PP 14-289 Limont Casita\CC Reso.doc