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HomeMy WebLinkAboutPC Resolution _4650-Case 6.436RESOLUTION NO. 4650 OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A VARIANCE REQUEST, CASE NUMBER 6.436, AND RELATED ARCHITECTURAL APPROVAL CASE NO. 3.1723, FOR A REQUEST TO CONSTRUCT A MAXIMUM SIX-FOOT, SIX-INCH TALL (6- 6") DECORATIVE BLOCK WALL WITHIN THE FRONT YARD AREA AND A NINE (9) FOOT HIGH ROCK FIREPLACE STRUCTURE ALONG AN INTERIOR SIDE (SOUTH) PROPERTY LINE IN CONJUNCTION WITH THE RENOVATION OF AN EXISTING 1582 SQUARE FOOT SINGLE FAMILY RESIDENCE ON A 9715 SQUARE FOOT LOT LOCATED AT 265 LUGO ROAD, R-2 ZONE, SECTION 15. WHEREAS, Mr. Douglas Smith, (the "Applicant") has filed applications with the City pursuant to Sections 9406.00 and 9404.00 of the Zoning Ordinance for a request to construct a maximum six-foot, six-inch tall (6' 6") decorative block wall within the front yard area and a nine (9) foot high rock fireplace structure along an interior side (south) property line in conjunction with the renovation of an existing 1582 square foot single family residence on a 9715 square foot lot located at 265 Lugo Road, R-2 zone, Section 15; and WHEREAS, the applicant has stated that the proposed variance is necessary for increased privacy from surrounding land uses and wind protection; and WHEREAS, the applicant has stated that this application is an additional phase of a larger project associated with the continued expansion of the Korakia Hotel, and that the intent is to build additional units north of the subject site, with Lugo Road effectively acting as the rear portion of the overall hotel facility; and WHEREAS, the highest walls in the block of Lugo Road between Arenas Road and Baristo Road are along the interior side property of the adjacent property to the south, approximately 6 feet in height; and WHEREAS, walls in excess of six feet in height exist along streets in many situations within the immediate area of the request; and WHEREAS, the location of the proposed fireplace is screened from the street and adjacent properties by existing mature Iandscaping and occupies approximately 3 % of the length of the south property line; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider Applicant's application for a Variance, was given in accordance with applicable law; and WHEREAS, on June 9, 1999, and continued to July 7, 1999, a public hearing on the application for the Variance was held by the Planning Commission in accordance with applicable law; and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including but not limited to the staff report and all written and oral testimony presented. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the Planning Commission finds as follows: The project is categorically exempt from the requirements of CEQA pursuant to Section 15303 (New Small Construction) of the CEQA Guidelines. Section 2: Pursuant to Government Code Section 65906, the Planning Commission finds that: a. Because there are special circumstances applicable to the subject property, including size, shape topography, location or surroundings, the strict application of the Zoning Ordinance would deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications A wide variety of wall situations exist in the block of Lugo Road between Arenas Road and Baristo Road and in the "Tennis Club" neighborhood, where the subject property is situated. Topographically, the site in question and all lots in the immediate area are essentially flat with no retaining walls between properties. On the east side of Lugo Road, directly across from the residence in question, a low 3-foot wall exists that provides screening for a large parking lot for the Community Church of Palm Springs. The property adjacent and to the north of the site has a mature oleander hedge along the street, with no walls curb or gutter along its frontage. The property adjacent and to the south of the residence in question is a multiple family residential site, with bay parking along a majority of the street frontage. The highest walls along this block of Lugo Road are along the shared side property line with the property to the south, where walls currently extend to approximately six feet in height. However, there are many walls within two blocks of the subject site in the "Tennis Club" neighborhood (example: the Estrella Inn) which have walls in excess of 6 feet in height on or within 5 feet of a streetside property line. Therefore, the proposal to construct a 6-foot, 6-inch high block wall is not out of context with the current pattern of neighborhood development. Given the existing wall situation in the immediate neighborhood, walls extending beyond the height limits established in Section 9302.00 of the Zoning Ordinance would not be out of context with the surrounding neighborhood and allow the applicant the same height enjoyed by other surrounding properties for privacy and wind protection. The fireplace is approximately five feet in length at its base, four feet wide at the top of the structure, and is located in an area where mature landscaping exists between the structure and the residential units to the south. With the shared property line length of approximately 145 feet, the projection occurs for less than 3 % of the property length. Furthermore, the lot is of substandard width and has mature landscaping scattered across the property, thereby minimizing the areas on - site in which the fireplace could be constructed and still relate to the floor plan of the residence. Given the relatively minimal percentage of length of the height projection for the fireplace, combined with the existing landscape screening on adjacent properties, which hides the projection from view of surrounding residents, combined with the limited number of areas to construct the fireplace on the property, the fireplace, as built, should not be detrimental to the neighborhood. b. Any variance and/or Administrative Minor Modification granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is situated. Approval of this application will be subject to the review of detailed landscape/ irrigation plans for the entire lot by the Director of Planning and Building prior to the issuance of building permits, to assure that the increased height of the front yard walls and the fireplace will not be detrimental to the property to the south and that a dense landscape palette be provided on the outside of the wall along Lugo Road to mitigate its increased height. With these conditions and the existing wall situations throughout the immediate neighborhood, the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is situated. c. The granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to property and improvements in the vicinity and zone in which the property is located. The property is located in an area of mixed land uses with a variety of walls along the Lugo Road streetscape. Surrounding uses include a church parking lot to the east, a multiple family residential development to the south, a single family residence to the north and multiple family development to the west. The location 0 of the wall will not pose any sight line visibility issues for automotive or pedestrian traffic in the immediate area, as the wall is located to allow sufficient traffic visibility. The wall will be required to be treated aesthetically to match the renovated residence on the property. Therefore, the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to property and improvements in the vicinity The fireplace construction will be mitigated by the existing mature landscaping on the adjacent property to the south and its decorative appearance, with a native rock exterior finish. Therefore, the granting of this portion of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to property and improvements in the vicinity and zone in which the property is located. d. The granting of such Variance will not adversely affect the General Plan for the City, with respect to the request for the proposed fireplace along an interior side property line. Granting of this variance will not affect the General Plan for the City. This portion of the variance request has been analyzed in relation to the City of Palm Springs General Plan and has been found to be consistent with the goals, policies and objectives in the General Plan. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission approves a variance and an architectural approval application for a request to construct a nine (9) foot high rock fireplace structure along one of the interior side (south) property lines and a request to construct a six-foot, six-inch (6'6") decorative block wall within the front yard area in conjunction with the renovation of an existing 1582 square foot single family residence located on a 9715 square foot lot at 265 Lugo Road, R-2 zone, Section 15, subject to those conditions set forth in the attached Exhibit A, which are to be satisfied prior to issuance of building permits for the project, unless other specified, and the attached diagram of the property. ADOPTED this 7TH day of July , 1999. AYES: Mills, Fontana, Klatchko, Jurasky, Matthews NOES: Raya, Caffery ABSTAIN: ABSENT: ATTES CITY OF PALM SPRINGS, CALIFORNIA By 0 mmission Chairman Pling CoP ann' ommission Secretary RESOLUTION NO. 4650 EXHIBIT A Douglas Smith 265 Lugo Road July 7, 1999 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, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. PLANNING: Approval of this application is for the proposed installation of a nine (9) foot high rock faced fireplace along the south property line and a proposed six-foot, six-inch maximum height decorative block wall in the front yard area (along Lugo Road) as shown on the conceptually approved plans, as shown on the conceptually approved plans, on file in the Department of Planning and Building. 2. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 3. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case Nos. 6.436 and 3.1723. The City of Pahn Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs 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 of Palm Springs 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, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. 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 M herein, except, the City's decision to settle or abandon a matter following an adverse judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 4. Architectural approval shall be valid for a period of two (2) years. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 5. The appeal period for the application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. 6. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning and Building prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. 7. The wall shall be tapered for the southernmost 5 feet to be of the same height as the existing wall along the south property line, to the satisfaction of the Director of Planning and Building. POLICE DEPARTMENT: 8. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. 0 BUILDING DEPARTMENT: 9. Prior to any further construction on -site, all appropriate permits must be secured. N