HomeMy WebLinkAboutItem 2A - Anza Trail CUP Complete
PLANNING COMMISSION STAFF REPORT
DATE: December 11, 2024 PUBLIC HEARING
SUBJECT: A REQUEST BY STACEY NELSON, OWNER, FOR APPROVAL OF A
CONDITIONAL USE PERMIT TO ESTABLISH AN EXISTING SINGLE-
FAMILY DWELLING AS AN ACCESSORY DWELLING UNIT TO ALLOW
A NEW PRIMARY DWELLING UNIT TO BE CONSTRUCTED ON A
ROUGHLY 23,533-SQUARE FOOT PARCEL LOCATED AT 2772 ANZA
TRAIL, APN 513-130-016, ZONE R-1-B, GENERAL PLAN: “VLDR” (VERY
LOW DENSITY RESIDENTIAL); Case #CUP-2024-0006 (KL)
FROM: Department of Planning Services
SUMMARY:
The applicant is seeking approval to establish an existing 1,548-square foot single family
dwelling as an Accessory Dwelling Unit (“ADU”) in order to allow construction of a new
primary dwelling unit on the roughly 23,522-square foot parcel.
ISSUES:
• Pursuant to Zoning Code 93.23.14 (“Accessory Dwelling Units”) subsection “F”,
the maximum allowable size of an ADU is 1,000 square feet for a unit with two or
more bedrooms. The existing dwelling unit that the applicant is seeking to
establish as an accessory unit is 1,548-square feet and thus does not conform to
the objective criteria of the ADU ordinance.
Subsection “I” provides that an ADU that does not conform to the standards of the
ADU ordinance may be allowed by the City subject to approval of a CUP by the
Planning Commission.
• The General Plan Land Use Element, page 2-5 describes the VLDR land use
designation as “…representing typical single-family detached residential
development.”, which implies one primary single-family dwelling per parcel. To
accommodate the applicants’ desire to construct a second single-family dwelling
on the subject parcel, the City must identify one of the dwellings as “primary” and
the other as “accessory”. The mechanism in the Zoning Code to enable this
distinction is the Accessory Dwelling Unit Ordinance (PSZC Section 93.23.14).
Planning Commission Staff Report
December 11, 2024 – Page 2 of 8
Case #CUP-2024-0006: Non-conforming ADU at 2772 Anza Trail
• The existing 23,533-square foot parcel cannot be further subdivided to create two,
conforming15,000-square foot lots, which is the minimum lot size for the R-1-B
zone under a conventional parcel map application because the lot width is non-
conforming for the R-1-B zone and the resultant lots would also be non-conforming
which is not allowed by the California Subdivision Map Act. The project as
proposed is also not eligible to be processed as a two-unit project pursuant to
Zoning Code 93.23.21 or as an Urban Lot Split pursuant to Municipal Code Section
9.62.055 because the unit sizes desired by the applicant exceed the maximum
allowed by both of those ordinances. Because the parcel cannot be further
subdivided and two “primary” dwellings are not possible on an R-1-zoned parcel;
one dwelling has to be established as the primary dwelling and the second as an
accessory dwelling unit “ADU”) in conformance with Zoning Code 93.23.14 (the
City’s ADU ordinance).
• The parcel currently is developed with a primary dwelling unit of 1,548-square feet.
There is also a second dwelling unit on the site of approximately 564-square feet.
The zoning code does not allow three dwelling units on a single lot in an R-1 zone.
Thus, in order to construct the new primary dwelling unit, the 564-square foot
dwelling unit must be de-commissioned as a dwelling by removing the kitchen and
cooking facilities. This structure will become a pool house with a single guest room
and bathroom (typically referred to as a “casita”).
RECOMMENDATION:
1. Open the public hearing and receive testimony.
2. Close the public hearing and adopt a resolution determining the application eligible
for a Class 3 Categorical Exemption pursuant to the guidelines of the California
Environmental Quality Act (“CEQA”) and approve the application subject to
conditions in Exhibit “A”.
SCOPE OF REVIEW:
The Planning Commission shall review the application for conformance with the criteria
listed in PSZC Section 94.02.00(B)(6) (“Conditional Use Permit - Findings and
Conditions”) and PSZC Section 93.23.14(I) (“Accessory Dwelling Units - Nonconforming
ADU’s”).
PROJECT DESCRIPTION:
The project is located on an interior lot in the Araby neighborhood. Existing structures on
the parcel at 2772 Anza Trail include a single-family dwelling approximately 1,548-square
feet in size, a storage shed and an accessory structure currently used a pool house /
guest room. The rear half of the lot is vacant.
Planning Commission Staff Report
December 11, 2024 – Page 3 of 8
Case #CUP-2024-0006: Non-conforming ADU at 2772 Anza Trail
BELOW: AERIAL VIEW OF THE SITE (NORTH IS TO THE RIGHT).
BELOW: PROPOSED SITE SHOWING FUTURE PRIMARY DWELLING AT THE RIGHT.
BACKGROUND INFORMATION:
Most Recent Change of Ownership
2021 Date of last sale per the County database.
Related Building Permits/Business Licenses
1935 Original date of construction (per County Property Report)
1949 Bldg. permit (illegible)
1954 Bldg. permit: add bedroom & bath
1956 Bldg. permit: construct 224 sf accessory bldg.
1958 Bldg. permit: Add dining & living rm, frame & redwood siding, comp. roof
1959 Bldg. permit: convert porch to bedroom
2022 Bldg. permit: Complete remodel, add bedroom to casita.
Planning Commission Staff Report
December 11, 2024 – Page 4 of 8
Case #CUP-2024-0006: Non-conforming ADU at 2772 Anza Trail
Neighborhood Meeting/Neighborhood Notice
11/6/24
Notice of public hearing mailed to addresses within 500-feet of the site,
notifying that the subject application would be considered by the
Planning Commission at a public hearing on Wednesday November
13, 2024.
11/6/24 Notice emailed to Neighborhood Organizations within one mile of the
project site.
11/6/24 Notice of public hearing published in the local newspaper.
Field Check
July 25, 2024 Site visit by case planner
DETAILS OF APPLICATION REQUEST/DEVELOPMENT STANDARDS:
Site Area
Net Acres 0.54 Acres (23,533 square feet)
Surrounding
Property
Existing Land Use
Per Chapter 92
Existing General
Plan Designation
Existing Zoning
Designation
Subject Property Single Family
Residential VLDR R-1-B
North Single Family
Residential VLDR R-1-B
South Single Family
Residential VLDR R-1-B
East Single Family
Residential VLDR R-1-B
West Single Family
Residential VLDR R-1-B
Pursuant to PSZC Section 92.17.03(E), the following development standards apply for
the proposed use:
Standard Required/
Allowed
Provided Compliance
Perimeter Wall Height
• North (rear)
• South (front)
• East (side)
• West (side)
6’ Feet
4.5’ Feet
6 Feet
6 Feet
5’ Feet chain link
5 Feet
6Feet
6 Feet
Yes
Yes
Yes
Yes
Mechanical Equipment Screened Existing, no As conditioned,
yes
Planning Commission Staff Report
December 11, 2024 – Page 5 of 8
Case #CUP-2024-0006: Non-conforming ADU at 2772 Anza Trail
ANALYSIS:
Site Plan:
The legal, non-conforming parcel which is just over a half-acre in size is located on the
north side of Anza Trail 1. On the front (south) half of the lot, is an existing roughly 1,548-
square foot single-family dwelling and two accessory structures: a 106-square foot wood
frame building currently used as storage in the front of the existing dwelling and a 564-
square foot 3-room wood frame structure currently used an accessory dwelling unit
toward the middle of the lot. The north half of the lot is currently vacant. The parcel is
generally flat, however like many lots in the Anza tract, the lot slopes away from the public
street, thus requiring special consideration for sewer and stormwater drainage.
No construction is proposed as part of this CUP. If the CUP is approved, the applicant
desires to build a primary dwelling unit on the rear half of the lot and use the existing
primary dwelling unit as an accessory dwelling unit. Future construction of the proposed
new primary dwelling unit requires a building permit but no other entitlement or approval
by the Planning Commission or Architectural Review Committee. The 564-square foot
accessory dwelling unit will be decommissioned as a dwelling unit by removing the
kitchen and cooking equipment. It will continue to be used as a pool house with a guest
room (i.e. “casita”). A building permit has not yet been found for small structure used for
storage. As such, it is technically an illegal structure and must either be removed or
legalized through processes available through the City’s Building & Safety Department.
BELOW: AERIAL VIEW OF THE SITE SHOWING EXISTING CONDITIONS.
1 The parcel is non-conforming in width.
Planning Commission Staff Report
December 11, 2024 – Page 6 of 8
Case #CUP-2024-0006: Non-conforming ADU at 2772 Anza Trail
FINDINGS – CONDITIONAL USE PERMIT
PSZC Section 94.02.00(B)(6) requires the approval authority to evaluate the application
and make findings for conformance to the five criteria. Staff has listed these findings and
provided an analysis of the project’s compliance below.
Criteria and Findings [PSZC 94.02.00(B)(6)] Compliance
1. That the use applied for at the location set forth in the application
is properly one for which a conditional use permit is authorized by
this Zoning Code.
Yes
Zoning Code Section 93.23.14(I), (“Accessory Dwelling Units”)
allows discretionary approval of ADU’s that do not conform to the
objective standards of the City’s ADU ordinance through the
processing of a CUP. Pursuant to Zoning Code Section 92.01.01
(Uses permitted in the R-1 zone), permanent single-family
dwellings, accessory buildings and accessory dwelling units
pursuant to 93.23.14 are permitted in the R-1-B zone.
2. That the use is necessary or desirable for the development of the
community, is in harmony with the various elements or objectives
of the general plan, and is not detrimental to existing uses or to
future uses specifically permitted in the zone in which the proposed
use is to be located.
Yes
The project is located in the R-1-B single-family zone district.
Pursuant Zoning Code Section 92.01.01(A,3), ADU’s are a
permitted use in the zone subject to the requirements of Section
93.23.14. The use is in harmony with the following objectives of
the General Plan:
• Policy LU6.2 Encourage new residential infill development.
• Policy LU1.1 Ensure that development meets or exceeds
standards specified in each land use designation.
The City’s Housing Element provides for and encourages the
production of accessory dwelling units as a means of providing a
variety of housing types and affordability.
The use is desirable for the development of the community
because it provides a type of affordable housing which is needed
in Palm Springs at this time.
The proposed use is not detrimental to existing or future uses in
Planning Commission Staff Report
December 11, 2024 – Page 7 of 8
Case #CUP-2024-0006: Non-conforming ADU at 2772 Anza Trail
Criteria and Findings [PSZC 94.02.00(B)(6)] Compliance
the zone and neighborhood in which it is located because both the
existing dwelling and the proposed future dwelling will be required
to conform to all development standards of the zone and the
building code.
3. That the site for the intended use is adequate in size and shape to
accommodate such use, including yards, setbacks, walls or
fences, landscaping and other features required in order to adjust
such use to those existing or permitted future uses of land in the
neighborhood.
Yes
The roughly half-acre site is capable of accommodating the
existing dwelling as an accessory dwelling unit as well as a new
primary dwelling while still conforming to all development
standards for the R-1-B zone, however the substandard lot width
and total lot area are technicalities that prevent subdivision of the
existing parcel into two legal conforming lots.
4. That the site for the proposed use relates to the streets and
highways properly designed and improved to carry the type and
quantity of traffic to be generated by the proposed use.
Yes
The property has direct access to a public street (Anza Drive) and
both the existing and future dwelling units will have direct access
to the public street.
5. That the conditions to be imposed and shown on the approved site
plan are deemed necessary to protect the public health, safety and
general welfare and may include minor modification of the zone’s
property development standards.
Yes
A set of proposed conditions of approval are provided to ensure
and protect the public health, safety and welfare. Among the
conditions is that designation of the existing dwelling unit as the
“accessory dwelling unit” on the parcel will not be officially
recognized by the City until the certificate of occupancy for
completion of the new primary dwelling has been issued by the
Building Department and the current ADU is de-commissioned to
become a pool house and guest room.
ENVIRONMENTAL ANALYSIS:
The request to approve a CUP to designate an existing single-family dwelling as a non-
Planning Commission Staff Report
December 11, 2024 – Page 8 of 8
Case #CUP-2024-0006: Non-conforming ADU at 2772 Anza Trail
conforming accessory dwelling unit (ADU) so that a new primary dwelling unit can be
constructed on an R-1-zoned parcel is considered a project as defined by the California
Environmental Quality Act (“CEQA”). Staff has evaluated the project in accordance with
the CEQA guidelines and determined that it is eligible for a Class 3 Categorical Exemption
from further analysis under CEQA. This category allows an exemption for development
of one single family dwelling or a second dwelling unit in a residential zone. The project
also is eligible for a Class 32 (Infill development) because it is consistent with the General
Plan and applicable zoning regulations, it occurs within the City limits on a site less than
five (5) acres and is substantially surrounded by urban uses.
CONCLUSION:
The CUP to designate the existing single-family dwelling as a non-conforming ADU to
allow development of a new primary dwelling unit on the parcel meets the findings
necessary for approval. Conditions of approval have been proposed that ensure the
protection of public health, safety and welfare.
REVIEWED BY:
Case Planner Ken Lyon, RA, Principal City Planner
Planning Director Christopher Hadwin, Director of Planning Services
ATTACHMENTS:
A. Vicinity Map
B. Draft Resolution with Conditions of Approval
C. Application Materials
ATTACHMENT A
Department of Planning Services
Vicinity Map
CITY OF PALM SPRINGS
Case CUP-2024-0006
2772 Anza Trail - APN 513-570-001
ATTACHMENT B
RESOLUTION NO. _____
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
CASE CUP-2024-0006: A CONDITIONAL USE PERMIT TO
ESTABLISH AN EXISTING PRIMARY SINGLE-FAMILY
RESIDENTIAL DWELLING UNIT AS A NON-CONFORMING
ACCESSORY DWELING UNIT ON A 0.54-ACRE PARCEL
LOCATED AT 2772 ANZA TRAIL, APN 510-130-016, ZONE
“R-1-B”, GENERAL PLAN LAND USE DESIGNATION
“VLDR”, AND A CATEGORICAL EXEMPTION
DETERMINATION PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (“CEQA”)
WHEREAS, Zoning Code Section 93.23.14(I) (“Accessory Dwelling Units”) allows the
Planning Commission discretionary approval of ADU’s that do not conform to the
objective standards of the City’s ADU ordinance (Zoning Code Section 93.23.14) through
the processing of a CUP; and
WHEREAS, Stacey Nelson, owner, submitted a Conditional Use Permit (“CUP”)
requesting approval to establish an existing primary dwelling unit as a non-conforming
accessory dwelling unit (“ADU”) on a 0.54-acre parcel located at 2772 Anza Trail; and
WHEREAS, the owner is seeking to establish the existing primary dwelling unit as an
accessory dwelling unit in order to build a new, larger primary dwelling unit on the parcel;
and
WHEREAS, a notice of public hearing of the Planning Commission to consider the
application was published in accordance with applicable law; and
WHEREAS, on December 11, 2024, the Planning Commission held a noticed public
hearing to consider the application; and
WHEREAS, at said hearing, the Planning Commission considered all the evidence
presented in conjunction with the application including but not limited to the staff report
and all written and oral testimony.
THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are incorporated herein by
this reference.
SECTION 2.
The request to approve a CUP to designate an existing single-family dwelling as a non-
Resolution No. _____ Page 2 of 4
Case CUP-2024-0006: 2772 Anza Trail ADU
December 11, 2024
conforming accessory dwelling unit (ADU) so that a new primary dwelling unit can be
constructed on an R-1-zoned parcel is considered a project as defined by the California
Environmental Quality Act (“CEQA”). The Planning Commission has evaluated the
project in accordance with the CEQA guidelines and determined that it is eligible for a
Class 3 Categorical Exemption from further analysis under CEQA. This category allows
an exemption for development of one single family dwelling or a second dwelling unit in
a residential zone. The project also is eligible for a Class 32 (Infill development) because
it is consistent with the General Plan and applicable zoning regulations, it occurs within
the City limits on a site less than five (5) acres and is substantially surrounded by urban
uses.
SECTION 3. The Planning Commission evaluated the project pursuant to the findings in
Zoning Code Section 94.02.00 (“Conditional Use Permit”) and made the following
affirmative findings:
Criteria and Findings [PSZC 94.02.00(B)(6)] Compliance
1. That the use applied for at the location set forth in the application is
properly one for which a conditional use permit is authorized by this
Zoning Code.
Yes
Zoning Code Section 93.23.14(I), (“Accessory Dwelling Units”)
allows discretionary approval of ADU’s that do not conform to the
objective standards of the City’s ADU ordinance through the
processing of a CUP. Pursuant to Zoning Code Section 92.01.01
(Uses permitted in the R-1 zone), permanent single-family
dwellings, accessory buildings and accessory dwelling units
pursuant to 93.23.14 are permitted in the R-1-B zone.
2. That the use is necessary or desirable for the development of the
community, is in harmony with the various elements or objectives of
the general plan, and is not detrimental to existing uses or to future
uses specifically permitted in the zone in which the proposed use is
to be located.
Yes
The project is located in the R-1-B single family zone district.
Pursuant Zoning Code Section 92.01.01(A,3), ADU’s are a
permitted use in the zone subject to the requirements of Section
93.23.14. The use is in harmony with the following objectives of the
General Plan:
• Policy LU6.2 Encourage new residential infill development.
• Policy LU1.1 Ensure that development meets or exceeds
standards specified in each land use designation.
The City’s Housing Element of the General Plan provides for and
encourages the production of accessory dwelling units as a means
Resolution No. _____ Page 3 of 4
Case CUP-2024-0006: 2772 Anza Trail ADU
December 11, 2024
Criteria and Findings [PSZC 94.02.00(B)(6)] Compliance
of providing a variety of housing types and affordability.
The use is desirable for the development of the community because
it provides a type of affordable housing which is needed in Palm
Springs at this time.
The proposed use is not detrimental to existing or future uses in the
zone and neighborhood in which it is located because both the
existing dwelling and the proposed future dwelling both will be
required to conform to all development standards of the zone and
the building code.
3. That the site for the intended use is adequate in size and shape to
accommodate such use, including yards, setbacks, walls or fences,
landscaping and other features required in order to adjust such use
to those existing or permitted future uses of land in the
neighborhood.
Yes
The roughly half-acre site is capable of accommodating the existing
dwelling as an accessory dwelling unit as well as a new primary
dwelling while still conforming to all development standards for the
R-1 zone, however the substandard lot width and total lot area are
technicalities that prevent subdivision of the existing parcel into two
legal conforming lots.
4. That the site for the proposed use relates to the streets and
highways properly designed and improved to carry the type and
quantity of traffic to be generated by the proposed use.
Yes
The property has direct access to a public street (Anza Trail) and
both the existing and future dwelling units will have direct access to
the public street.
5. That the conditions to be imposed and shown on the approved site
plan are deemed necessary to protect the public health, safety and
general welfare and may include minor modification of the zone’s
property development standards.
Yes
A set of proposed conditions of approval are provided to ensure and
protect the public health, safety and welfare. Among the conditions
is that designation of the existing dwelling unit as the “accessory
dwelling unit” on the parcel will not be officially recognized by the
City until the certificate of occupancy for completion of the new
primary dwelling has been issued by the Building Department and
the current ADU is de-commissioned to become a pool house and
Resolution No. _____ Page 4 of 4
Case CUP-2024-0006: 2772 Anza Trail ADU
December 11, 2024
Criteria and Findings [PSZC 94.02.00(B)(6)] Compliance
a guest room.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby approves Case CUP-2024-0006, a Conditional Use Permit
approving designation of an existing single-family dwelling located at 2772 Anza Trail, as
a non-conforming Accessory Dwelling Unit, subject to those conditions set forth in Exhibit
“A”, which are to be satisfied unless otherwise specified.
ADOPTED THIS ELEVENTH DAY OF DECEMBER, 2024.
AYES:
NOES:
ABSENT:
NONE:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
CHRISTOPHER HADWIN, Director
Department of Planning Services
RESOLUTION NO._______
EXHIBIT A
CUP-2024-0006
Designation of an existing primary dwelling as an Accessory Dwelling Unit
December 11, 2024
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, the Director of Planning Services, the Director of Building
and Safety, the Chief of Police, the Fire Chief or their designee, depending on which
department recommended the condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
ADMINISTRATIVE CONDITIONS
ADM 1. Project Description. This approval is for the project described as Case CUP-
2024-0006; except as modified with the conditions below;
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the approved plans, including site plans, architectural
elevations, exterior materials and colors, landscaping, and grading on file in the
Planning Division except as modified by the conditions below.
ADM 3. Conform to all Codes and Regulations. The project shall conform to the
conditions contained herein, all applicable regulations of the Palm Springs
Zoning Ordinance, Municipal Code, and any other City County, State and
Federal Codes, ordinances, resolutions and laws that may apply.
ADM 4. Minor Deviations. The Director of Planning or designee may approve minor
deviations to the project description and approved plans in accordance with the
provisions of the Palm Springs Zoning Code.
ADM 5. Indemnification. The owner/applicant shall defend, indemnify, and hold
harmless the City of Palm Springs, its elected officials, agents, officers, and
employees (“Indemnitees”) from any claim, action, or proceeding against the
City of Palm Springs or any Indemnitee(s), arising, in any way, out of the
activities authorized by this Conditional Use Permit. The City will promptly
notify the applicant of any such claim, action, or proceeding and the applicant
will either undertake defense of the matter and pay the City's associated legal
costs or will advance funds to pay for defense of the matter by the City Attorney.
If the City fails to promptly notify the applicant of any such claim, action or
proceeding or fails to cooperate fully in the defense, the applicant shall not,
Conditions of Approval - Case #CUP-2024-0006: Non-conforming ADU at 2772 Anza Trail
December 11, 2024 Page 2 of 5
thereafter, be responsible to defend, indemnify, or hold harmless the
Indemnitees. Notwithstanding the foregoing, the City retains the right to settle
or abandon the matter without the applicant's consent but should it do so, the
City shall waive the indemnification herein, except, the City's decision to settle
or abandon a matter following an adverse judgment or failure to appeal, shall
not cause a waiver of the indemnification rights herein.
ADM 6. Maintenance and Repair. The property owner(s) and successors and
assignees in interest shall maintain and repair the improvements including and
without limitation all structures, sidewalks, bikeways, parking areas, landscape,
irrigation, lighting, walls, and fences that extend onto private property, in a first
class condition, free from waste and debris, and in accordance with all
applicable law, rules, ordinances and regulations of all federal, state, and local
bodies and agencies having jurisdiction at the property owner’s sole expense.
This condition shall be included in the recorded covenant agreement for the
property if required by the City.
ADM 7. Right to Appeal. Decisions of an administrative officer or agency of the City of
Palm Springs may be appealed in accordance with Municipal Code Chapter
2.05.00. Permits will not be issued until the appeal period has concluded.
ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. Notice of Exemption Filing Fee. The project is exempt from further evaluation
pursuant to the California Environmental Quality Act (CEQA). The applicant is
responsible for payment to the City of the $50 fee for electronic filing of the
exemption determination with the County Clerk within two business days of the
Commission’s final action on the project. Coordinate this payment with the
project planner.
PLANNING DEPARTMENT CONDITIONS
PLN 1. Outdoor Lighting Conformance. Exterior lighting plans, including a photometric
site plan showing the project’s conformance with Section 93.21.00 Outdoor
Lighting Standards of the Palm Springs Zoning ordinance, shall be submitted
for approval by the Department of Planning prior to issuance of a building
permit. Manufacturer's cut sheets of all exterior lighting on the building and in
the landscaping shall be included. If lights are proposed to be mounted on
buildings, down-lights shall be utilized. No lighting of hillsides is permitted.
PLN 2. Water Efficient Landscaping Conformance. The project is subject to the Water
Efficient Landscape Ordinance (Chapter 8.60.00) of the Palm Springs
Municipal Code and all other water efficient landscape ordinances. The
applicant shall submit a landscape and irrigation plan to the Director of Planning
for review and approval prior to the issuance of a building permit. Landscape
plans shall be approved by the Riverside County Agricultural Commissioner's
Conditions of Approval - Case #CUP-2024-0006: Non-conforming ADU at 2772 Anza Trail
December 11, 2024 Page 3 of 5
Office prior to submittal. Prior to submittal to the City, landscape plans shall
also be certified by the local water agency that they are in conformance with all
applicable water conservation / use ordinances.
PLN 3. Flat Roof Requirements. Roof materials on flat roofs (less than 2:12) must
conform to California Title 24 thermal standards for “Cool Roofs”. Such roofs
must have a minimum initial thermal emittance of 0.75 or a minimum SRI of 64
and a three-year aged solar reflectance of 0.55 or greater. Only matte (non-
specular) roofing is allowed in colors such as beige or tan.
PLN 4. Maintenance of Awnings & Projections. All awnings shall be maintained and
periodically cleaned.
PLN 5. Screen Roof-mounted Equipment. All roof mounted mechanical equipment
shall be screened per the requirements of Section 93.03.00 of the Zoning
Ordinance.
PLN 6. Surface Mounted Downspouts Prohibited. No exterior downspouts shall be
permitted on any facade on the proposed building(s) that are visible from
adjacent streets or residential and commercial areas.
PLN 7. Pool Enclosure Approval Required. Details of fencing or walls around pools
(material and color) and pool equipment areas shall be submitted for approval
by the Planning Department prior to issuance of Building Permits.
PLN 8. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of
signalization will be permitted, except approved alarm systems.
PLN 9. Outside Storage Prohibited. No outside storage of any kind shall be permitted
except as approved as a part of the proposed plan.
PLN 10. New Primary Dwelling Required. Formal designation / recognition by the City
of the existing primary dwelling unit on the subject parcel as an “Accessory
Dwelling Unit” will not occur until a certificate of occupancy for completion of
construction of a new primary dwelling unit on the parcel has been issued and
the existing ADU is decommissioned by removing the kitchen and cooking
facilities to become a pool house and guest room.
PLN 11. Existing Structures – Legally Permitted. Existing structures on the site that
were legally constructed with building permits may remain. Those for which a
building permit cannot be found must either be “legalized” through process with
the City Building & Safety Department or removed entirely from the site.
PLN 12. (add any additional conditions imposed by the Planning Commission or City
Council here)
Conditions of Approval - Case #CUP-2024-0006: Non-conforming ADU at 2772 Anza Trail
December 11, 2024 Page 4 of 5
POLICE DEPARTMENT CONDITIONS
(none).
BUILDING DEPARTMENT CONDITIONS
BLD 1. Prior to any construction on-site, all appropriate permits must be secured.
ENGINEERING DEPARTMENT CONDITIONS
(none). Engineering conditions of approval will be established with the submission of the
building permit application for the new primary dwelling unit on the parcel.
FIRE DEPARTMENT CONDITIONS
FID 1. These Fire Department conditions may not provide all requirements.
Owner/developer is responsible for all applicable state and locally adopted fire
codes. Detailed plans are still required for review. Conditions are subject to
final plan check and review.
FID 2. Fire Department Conditions were based on the 2022 California Fire Code as
adopted by City of Palm Springs, Palm Springs Municipal Code, PSFD
Appendix “T” Development Requirements. This building will require fire
sprinklers.
FID 3. Conditions of Approval – “Conditions of Approval” received from the Palm
Springs Planning Department must be submitted with each plan set. Failure
to submit will result in a delay of plan approval.
FID 4. Plans and Permits:
Permits and Electronic scaled drawings are required for this project. Plan
reviews can take up to 20 working days.
A deposit for Plan Check and Inspection Fees is required at the time of Plan
Submittal. These fees are established by Resolution of the Palm Springs City
Council.
Complete listings and manufacturer’s technical data sheets for all system
materials shall be included with plan submittals. All system materials shall be
UL listed or FM approved for fire protection service and approved by the Fire
Prevention Bureau prior to installation.
Conditions of Approval - Case #CUP-2024-0006: Non-conforming ADU at 2772 Anza Trail
December 11, 2024 Page 5 of 5
FID 5. Plans shall include all necessary engineering features, including all hydraulic
reference nodes, pipe lengths and pipe diameters as required by the
appropriate codes and standards. Plans and supporting data, (calculations
and manufacturers technical data sheets) including fire flow data, shall be
submitted with each plan submittal. Complete and accurate legends for all
symbols and abbreviations shall be provided on the plans.
FID 6. Residential Smoke Alarms Required: Shall be interconnected so that
operation of any smoke alarm or fire sprinkler flow switch causes all smoke
alarms within the dwelling & guest house to sound and activate the exterior
horn/strobe
END OF CONDITIONS
ATTACHMENT C
September 6, 2024
Christopher Hadwin, Director of Planning Services
David Newell, AICP, Assistant Director of Planning Services
Ken Lyon, RA, Principal Planner
Planning Services Department
City of Palm Springs
3200 E Tahquitz Canyon Way
Palm Springs, CA 92262
Re: Anza Residence CUP
2772 Anza Trail
Palm Springs, CA 92264
Dear Messrs. Hadwin, Newell, and Lyon:
AŌer much due diligence, I am happy to submit a very unique proposal that would be greatly
benefited by the approval of a CondiƟonal Use Permit (CUP).
Our intent is to construct a main residence (larger dwelling) on the subject lot located at 2772
Anza Trail, Palm Springs, CA 92264 designed by Mr. Hugh Kaptur. As you know, Hugh Kaptur is
an influenƟal and prominent architect not only for Palm Springs and California, but as a model
of the mid-century modern style as a whole. I have had the pleasure of working with Hugh on
several projects, but none more significant than this one we are proposing to you now, as this
project will be Hugh’s final project.
The lot currently has one modest dwelling (current Primary Dwelling) at the front of the
property which is 1,548 sf. The exisƟng structure exceeds 1,000sf and was permiƩed and fully
renovated. When I purchased the property in June 2021, the previous owner had guƩed the
interior, had an expired permit (2020-844) with the City of Palm Springs to do a full renovaƟon,
and had passed away from COVID-19 prior to compleƟon. Once I closed escrow on the
purchase, I had the permit re-issued and completed the renovaƟon per those original plans in
March 2022 (job card enclosed).
AddiƟonally, there is a 564 sf “guest house” on the lot. Currently, it is a self-contained dwelling
unit with a kitchen. Upon CUP approval, the kitchen will be removed and the structure will
serve as a recreaƟon room and eventual pool house with a single guest room. There is a 106 sf
storage room near the exisƟng primary dwelling and its use is exactly that; since the garage was
demolished, this structure has become the overflow storage for the premises.
Docusign Envelope ID: 3C339240-79EC-4F9A-BE1E-BF42BDCC40C5
We are seeking to establish the exisƟng primary dwelling unit as the accessory dwelling unit so
that a new larger primary dwelling can be built on the lot. The exisƟng dwelling exceeds the
maximum allowable limit of 1,000 square feet in the City’s zoning code for a “by right” ADU,
thus we are seeking approval of a CUP for an ADU that does not conform to the objecƟve
standards of the City’s ADU ordinance as outlined in Zoning Code SecƟon 93.23.14, part “I”.
We understand that due to the non-conforming width of the lot, subdividing the parcel into two
conforming R-1-B lots with two primary dwelling units is not possible, and thus the reason we
are pursuing the CUP to legally establish both primary and accessory dwelling units on the same
parcel.
As Ken informed us, ARC approval is not required because it is not on a hillside lot. We are
aware of California SB-897 LegislaƟon and the adopted PS Ordinance No. 2080 which allows for
the building of ADUs. This proposed modificaƟon is consistent with the General Plan. It will not
have a negaƟve impact on the neighborhood, as the lot has sufficient space for parking and a
large main residence. Setbacks for all dwellings are sufficient for fire and safety, and zoning also
conforms, as the parcel is zoned R-1.
This new construcƟon adheres to all new building standards, including but not limited to safety
and building inspecƟons prior to occupancy. Not only will the design and size of the home will
be consistent with the surrounding properƟes in the neighborhood, it will be a showpiece in the
Araby Cove community and an asset to Palm Springs.
It is very important that we all do what we can to support this endeavor as it will be a
noteworthy piece in the Palm Springs landscape, by adding another architecturally significant
home to our community and approving the CUP will do just that.
We appreciate your consideraƟon.
Sincerely,
Stacey Nelson, Owner
760-333-2145
stacey@reĩrokers.com
Docusign Envelope ID: 3C339240-79EC-4F9A-BE1E-BF42BDCC40C5
Photos of Existing Conditions, October 2024 – 2772 Anza Trail (Case CUP-2024-0006)
Below: Current second unit – (Will become a pool house / cabana.)
Below: Front yard looking southeast.
Below: North part of lot looking northwest