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Home My WebLink AboutCC RES 2019-16RESOLUTION NO. 2019-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, UPHOLDING PLANNING COMMISSION RESOLUTION NO. 2754, APPROVING AN ADMINISTRATIVE USE PERMIT TO CONSTRUCT A HORSE SHELTER TO STABLE UP TO THREE HORSES ON A RESIDENTIAL ESTATE PROPERTY AT 77-630 DELAWARE PLACE; AND ADOPTION A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CASE NO: AUP 19-0001 WHEREAS, the Zoning Administrator of the City of Palm Desert, California, did on the 30th day of January 2019, issue a Notice of Decision to Approve Case No. Administrative Use Permit (AUP) 19-0001 to allow a private stable for up to three horses at 77-630 Delaware Place subject to conditions and a 15-day appeal period; and WHEREAS, on the 14th day of February 2019, Dr. Jeff Suderman, filed a timely appeal objecting to the Zoning Administrator's decision to approve AUP 19-0001; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of March 2019, after hearing all testimony at the public hearing did adopt Resolution No. 2754 denying the appeal, thereby upholding the Zoning Administrator's decision; and WHEREAS, on the 20th day of March 2019, Mayor Susan Marie Weber filed a request for City Council Review of the Planning Commission's decision regarding AUP 19-0001; and WHEREAS, in hearing testimony from all parties wishing to be heard, the City Council did adopt this resolution affirming Planning Commission Resolution No. 2754 approving a horse shelter to stable up to three horses, at the above -noted address; and WHEREAS, the parcel is located in the Residential Estate (RE) zoning district, which allows "Private Stables" as a permitted use subject to the approval of an AUP; 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 FINDINGS OF APPROVAL: 1. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code, Municipal Code, General Plan, and any applicable specific plans or City regulations/standards. Private stables are allowed within the RE zoning district and qualify for approval through an Administrative Use Permit. The keeping of horses is recreational in nature and accessory to the proposed residence at the property. The proposed use complies RESOLUTION NO. 2019-16 with all applicable provisions of the Zoning Code in regard to odor mitigation, screening, and land use compatibility with neighboring residences. The proposed use supports Health and Wellness Element Goal 3, Policy 3.4 which encourages animal keeping in appropriate low -density residential areas, such as areas with a Rural Residential land use designation. 2. The site is physically suited for the type, density, and intensity of the proposed use, including access, utilities, and the absence of physical constraints, and can be conditioned to meet all related performance criteria and development standards. The proposed project is consistent with the purpose and intent of the City's Zoning Ordinance and meets minimum standards established. The stable will be located within the rear yard of a new single-family residence on a one -acre lot and will be adequately separated from neighboring sensitive land uses to the north by 100 feet and a five- to six-foot block wall. The proposal has been designed to meet minimum setbacks, land use, and separation from neighboring residences. The proposed project does not pose a conflict in regards to land use. Additionally, the project is conditioned to maintain horse enclosures in a matter, which prevents odor or dust generation. 3. Granting the permit would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity in which the project is located. The site has been designed to meet setbacks, lot coverage, building height, and land use requirements for low -density residential uses. The proposed use would not create a public nuisance in terms of odor as the applicant/and or property owner has been conditioned to maintain the stables in a sanitary condition at all times. The placement of the stables will not be aesthetically detrimental as they are not clearly visible from the public realm. Therefore, the use would not be detrimental to the public interest, health, safety, welfare, and materially injurious to properties in the vicinity. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: 1. That the above recitations are true and correct and constitute the findings of the City Council of the City of Palm Desert in this case. 2. That the City Council reaffirms Planning Commission Resolution No. 2754 and upholds the approval of the AUP for the project. 2 RESOLUTION NO. 2019-16 CONDITIONS OF APPROVAL CASE NO. AUP 19-0001 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. Any proposed modifications to this Administrative Use Permit approval, including but not limited to expansion, reorientation or relocation of horse corrals or stables, shall require submittal of a new application. 3. 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. 4. This permit shall only allow the recreational keeping of horses and does not include other species of livestock. 5. The property shall be limited to a maximum of two standard size horses and one pony. 6. All horses shall be kept within the approved stable and/or corral at all times. 7. All horse keeping areas and waste storage areas shall be setback a minimum of 100 feet from the northern property line. 8. The stable shall remain ventilated for the desert environment at all times. 9. Horse keeping areas shall be maintained with appropriate ground cover to prevent dust generation. 10. Barns, corrals, or stables shall be cleaned and maintained such that dust, flies, and odors shall not create a nuisance for adjacent properties and not less than once per day Animal manure shall be stored in appropriate fully enclosed receptacles and properly disposed of not less than once per week. 11. The applicant shall comply with all applicable local, state, and federal laws and regulations. 12. This administrative use permit approval is non -transferable and for the exclusive use of the applicant/property owner listed on the project application. Future property owners wishing to keep horses shall apply for a new administrative use permit. END OF CONDITIONS 4 RESOLUTION NO. 2019-16 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 11U' day of April 2019, by the following vote, to wit: AYES: HARNIK, JONATHAN, KELLY, NESTANDE, and WEBER NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: RA*HELLE D. KLASSEN. ' CLERK CITY OF PALM DESERT, CALIFORNIA SUSAN MARIE WEBER, MAYOR 3