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PCRES 1997-027PLANNING COMMISSION RESOLUTION 97-027 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 97-033 TO ALLOW CONSTRUCTION OF A DETACHED SECOND RESIDENTIAL UNIT IN CONJUNCTION WITH AN EXISTING RESIDENCE FOR PERSONS OF 62 YEARS OR OLDER OR OF ANY AGE IF THEY HAVE DISABILITIES CASE NO.: CONDITIONAL USE PERMIT 97-033 APPLICANT: MR. THOMAS N. DODD WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 8`h day of April, 1997, hold a duly noticed Public Hearing for Mr. Thomas N. Dodd to built a detached second residential unit for two senior citizens who are related to the owner at 49-080 Eisenhower Drive on 0.6-acres, more particularly described as: Lots 110 and 111 and portions of Lot 109 (La Quinta Golf Estates No. 1); APN: 631-341-008 and 023 WHEREAS, said Conditional Use Permit has been determined to be exempt from the provisions of the California Environmental Quality Act under Section 15303 (Class 3(a)) which permits secondary residential units in conjunction with the main dwelling; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following Mandatory Findings of approval for said Conditional Use Permit as follows: A. The proposed house is consistent with the City's General Plan and Zoning Code. The property is designated Low Density Residential (2-4 dwelling units per acre) by the General Plan and RL by the Zoning Ordinance. Detached single family houses serving the main dwelling unit are consistent with the goals, policies and intent of the La Quinta General Plan Land Use Element (Chapter 2) provided Conditions are met. The one-story house is designed for persons of more than 62 years of age and will meet the minimum City requirements and be consistent with the provisions of the Zoning Code (Chapters 9.30-9.60) at the time building permits are acquired. The second residential unit is placed 20-feet from the front property line. This setback distance from the street conforms with RL Zone District requirements RESOPC033-I3. STRPPC033-13 Planning Commission Resolution 97-027 Conditional Use Permit 97-033 and the other adjacent houses. Many of the property owners in this development have detached living quarters for guests or servant quarters. The new unit will not be visible from the street because it is placed behind a six- foot high masonry wall which matches the existing home. The new unit is not greater than 1,200 square feet as required. Parking for this project complies with Chapter 9.60 because the main house has a three -car garage and the second unit will have a two -car carport which exceeds the minimum number of parking spaces required for this type of proposal (e.g., a two -car garage for the main unit plus one enclosed or open parking space). B. The new second unit is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The proposed request to build a detached house is consistent with the provisions of the California Environmental Quality Act per Section 15303(a) which permit accessory units to be built to serve the main dwelling unit. Therefore, no mitigation fees and environmental studies were required of the applicant. C. The architectural design of the new unit is consistent with the main house and other projects in the vicinity. The architectural style of the second unit is similar in design to the primary dwelling it serves. Therefore, Conditions are recommended to ensure the house is built to current Code standards when constructed. D. The site design of the secondary unit is compatible with surrounding areas and includes prevalent site features. The house is oriented to take advantage of the common open space area between each dwelling unit (i.e., Lot 110). This large area, approximately 12,000 sq. ft., will be landscaped. The new unit's living room and bedrooms are oriented to take advantage of this area. Fencing of the yard areas is also proposed for privacy. Privacy fencing of six -feet is used within the project for security (or privacy) and to enclose the existing pool and spa in the backyard of the main dwelling. No special Conditions are required. E. The site landscaping will complement the proposed buildings and create a unifying influence for the community. The new unit will have front yard landscaping which will include trees, shrubs and groundcover with on -site irrigation. The landscaping improvements will be similar to adjacent main dwelling unit, and be approved by the Community Development Department prior to installation. The carport is situated at a 45- RBOPC03343. STRM-033-13 2 Planning Commission Resolution 97-027 Conditional Use Permit 97-033 degree angle to the street to reduce its visibility. A wall on the west side of the carport structure is also proposed to eliminate the interior view of the parking area to south bound traffic. A landscaping hedge shall be installed along the south side of the concrete driveway to reduce the inside view of the carport structure from the street. WHEREAS, in the review of this Conditional Use Permit, the Planning Commission has considered, the effect of the contemplated action on housing needs of the region for purposes of balancing those needs against the public service needs of the residents of the City of La Quinta and its environs with available fiscal and environmental resources; NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1 . That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That it does approve Conditional Use Permit 97-033 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Planning Commission, held on the 81h day of April, 1997, by the following vote, to wit: AYES: Commissioners Butler, Gardner, Newkirk, Tyler, Woodard and Chairman Abels. NOES: None. ABSENT: Commissioner Seaton. ABSTAIN: None. 1CQUVS ABELS, Chairman Vit.V of tLa Quinta, California ATTEST: JERRF HER.V AN, Community Development Director City of La Quinta, California STPCCUP33-13. RESOPCO33-13. CONAPL -7 3 PLANNING COMMISSION RESOLUTION 97-027 CONDITIONS OF APPROVAL - ADOPTED CONDITIONAL USE PERMIT 97-033 MR. THOMAS N. DODD APRIL 8, 1997 CONDITIONS: 1. The Conditional Use Permit shall be used by April 8, 1999, otherwise it shall' become null and void and of no effect pursuant to the provisions of Section 9.200.080 of the Zoning Ordinance. 2. The development of this site shall conform with the exhibits contained in the files with the Community Development Department unless amended by Conditions contained herein. Prior to the issuance of a Building Permit, the applicant shall comply with the following Conditions: 3. All requirements of the Zoning Ordinance shall be met during building permit plan check approval. 4. The final construction drawings shall be reviewed and approved by the Building and Safety Department using all current local and State building code requirements in effect. 5. The applicant shall obtain permits and/or clearances from the following public agencies: (1) Coachella Valley Water District, (2) Imperial Irrigation District, and (3) Desert Sands Unified School District. 6. The property owner shall sign and execute a covenant and/or agreement restricting the use of the new living quarters to persons 62 years or age or older or those with disabilities pursuant to Section 9.60.090 (Second Residential Units) of the Zoning Ordinance. The signed agreement shall be recorded with the County of Riverside and it shall run with the property title. A copy of the recorded document shall be on file with the Community Development Department. The second residential unit may be rented to persons as noted above but not sold separately from the main dwelling unit. 7. Pedestrian gates leading into the side and back yards shall be wrought iron or tubular metal. Pedestrian gates shall not exceed 48 inch widths unless located in a sideyard of 12'-0" wide or larger (Section 9.160.030 (D2)). CON )CUPo33-13/RESOPCo33-13 Planning Commission Resolution 97-027 Conditions of Approval - Adopted Conditional Use Permit 97-033 8. The proposed landscape/irrigation plans shall be submitted to the Community Development Department for review and approval after being approved by the Coachella Valley Water District, Riverside County Agriculture Commissioner and La Quinta Golf Estates Homeowners Association. The developer and subsequent property owner shall continuously maintain all landscaping in a healthy and viable condition. 9. Front yard landscaping shall include lawn (or groundcover) and a minimum of 40 shrubs (i.e., 5-gallon or larger) planted along the west side of the 6' high privacy wall and carport structure, and along the south side of the concrete driveway (e.g., 3' o.c.). The height of the landscape hedge along the south side of the driveway shall not exceed 36-inches to ensure site visibility when backing out of the driveway onto the private street. Lawn areas for front yards shall be either Hybrid Bermuda (Summer) or Hybrid Bermuda/Rye (Winter) depending upon the season when it is installed. Landscape improvements shall be installed before final occupancy of the house. 10. The concrete driveways shall include expansion joints and a broom finish (or better) texture. 11. The six-foot high decorative masonry wall along the frontage of the property shall be constructed to match the existing privacy walls constructed around the perimeter of the main residence (i.e., masonry with stucco texture). 12. Plaster surrounds shall be added to all windows using 2" by 4" lumber (or appropriate substitute material) for construction purposes. The second unit shall be painted to match the existing main residence. CONDCUP33-13 2