HomeMy WebLinkAboutReview ARC Decision - MISC 04-66 - Edward S. RickterREQUEST:
CITY OF PALM DESERT
Community Development/Planning
STAFF REPORT
City Council review of an a decision of the Architectural Review
Commission approving plans for a second unit in the rear yard of a
single family residence located at 74-123 Windflower Ct.
SUBMITTED BY: Ryan Stendell, Planning Technician
APPLICANT: Edward S. Rickter
74-123 Windflower Ct.
Palm Desert, CA 92211
APPELLANT: Councilman Richard S. Kelly
CASE NOS. MISC. 04-66
DATE: January 13, 2005
CONTENTS: Discussion
Ordinance 1044 Second Unit Housing
Architectural Review Notice of Action, November 23, 2004.
Plans & Exhibits
Recommendation:
That the City Council by minute motion affirm the action of the Architectural
Review Commission dated December 14, 2004
Executive Summary:
Under State law and Palm Desert Municipal Code the approval of second units
has become a ministerial act only subject to compliance with City development
standards. The proposed second unit meets all criteria listed under ord. 1044
(second unit ordinance) as delineated below.
Staff Report
MISC. 04-66
Page 2
January 13, 2004
Discussion:
Background:
The applicant is proposing a 700 sq. ft. detached second unit in the rear yard of
his existing home located off of Shepard Ln. just south of Gerald Ford. The 22' x
30' second unit is designed with similar architecture as the primary unit.
Applications for a second unit must meet the following requirements:
A. The parcel must contain an existing residential unit.
The parcel currently has a 2800 square foot house on it.
B. The second unit may be attached and incorporated within the living area
of the existing dwelling, but separate, or may be detached.
This is a detached second unit
C. The floor area of a detached or attached second unit shall be a minimum
of 400 square feet, and shall not exceed 35% of the floor area of the
primary unit.
The detached unit is 25% of the originally permitted unit and is700 square
feet.
D. The unit shall be for rental purposes only.
The applicant has stated that the unit shall be for rental purposes only.
E. The second unit must be provided with one off-street parking space per
bedroom within a garage or carport per Section 25.58.220. For second
units with three or more bedrooms, only a minimum of two of the required
parking spaces shall be provided within a carport or garage; the other
required parking spaces may be uncovered.
The original unit has a 3 car garage, only 2 of which are required per
code. The remaining garage space can be applied for parking for the
proposed second unit, which has one bedroom.
F. 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.
Staff Report
MISC. 04-66
Page 2
January 13, 2004
The second unit complies with all setbacks, coverage, height and design
standards for that zone and keeps with the appearance of the primary
dwelling unit.
G. The second unit shall have adequate sewer and water services as
determined by the Coachella Valley Water District and shall not adversely
impact traffic flow.
The applicant will have adequate sewer and water services.
H. The second unit shall have independent heating and air conditioning
systems and shall include separate utility submeters. The hot water
system shall be adequately sized to meet the needs of the second unit.
The unit have independent heating and air conditioning systems. The
utilities will be separate and will include a new utility submeter.
The design of second units and any related improvements such as an
additional garage or carport shall be compatible with the existing single-
family home so as to preserve the character of the surrounding single-
family residential neighborhood and shall be subject to review and
approval of by the Architectural Review Commission.
The second unit has been designed to preserve the character of the
surrounding single family residential neighborhood and has been
approved by ARC.
J. Prior to July 1, 2003, a second unit shall be subject to a conditional use
permit and review by the Architectural Review Commission. After July 1,
2003, the determination of use for a second unit shall be a ministerial act
only subject to compliance with the City's development standards.
Architectural design shall remain subject to review and approval by the
Architectural Review. Commission.
The application has been reviewed and approved by the Architectural
Review Commission.
K. The primary unit shall be owner occupied. If the property owner is unable
to occupy the primary unit, it shall remain unoccupied during periods in
which the second unit is rented. In no instance may both units be rented.
The owner of the property shall be required to verify annually compliance
with this requirement, providing such proof as may be reasonably required
by the Community Development Department. A covenant memorializing
this requirement shall be recorded against the property prior to issuance of
a certificate of occupancy for the second unit.
Staff Report
MISC. 04-66
Page 2
January 13, 2004
Prior to final approval and certificate of occupancy, the Planning Dept. will
require evidence that an agreement has been recorded against the
property to ensure the primary unit will be owner occupied.
A second residential unit which conforms to these requirements shall not
be considered to exceed the allowable density for the lot upon which it is
located, and shall be deemed to be a residential use consistent with the
existing general plan and zoning ordinance designation for the lot.
With the second unit the lot has a 34% coverage. The allowable coverage
for the neighborhood is 35%.
The Architectural Review Commission by minute motion approved the second
unit based on the fact that it was architecturally compatible with the
neighborhood and the applicant has met all current second unit criteria.
Submitted by:
Department Head:
Ryan Ater II Phil Drell
Planning Technician
Approval:
Homer Croy
ACM Developme , - rvices
Director of Community Development
DECISION OF THE
CITY OF PALM DESERT, CALIFORNIA
REQUEST FOR CITY COUNCIL REVIEW
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(Name of Determining Body)
Case No. ArC i 6 f `ty Ya
Date of Decision:
Project Proponent: L� L.vZ ` 1 1C' k' e j�
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Description of /J (,/"'I
Application or Matter Considered: C
Member of the City Council
FOR OFFICIAL USE ONLY
Date Filed: Received by:
Action Taken:
Date:
Rachelle 0. Klassen, City Clerk
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5/21/03