HomeMy WebLinkAboutPC Resolution _4689- Case 5.0837RESOLUTION NO.4689
OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS,
CALIFORNIA, GRANTING SITE PLAN APPROVAL FOR CASE 3.1836 SO AS
TO ALLOW DEVELOPMENT OF A HILLSIDE PROPERTY AND GRANTING
CONDITIONAL USE PERMIT 5.0837 SO AS TO ALLOW FORA GUEST HOUSE
WITH KITCHEN FACILITIES. BOTH SITF PLAN APPROVAL AND THE
CONDITIONAL USE PERMIT ARE ISSUED TO DAVID CHRISTIAN FOR
PROPERTY LOCATED AT 691 SANTA ROSA DRIVE, R-1-A ZONE, SECTION
15.
WHEREAS, David Christian (the "applicant") has filed an application with the City of Palm Springs
pursuant to Section 9402.00 of the Zoning Ordinance and Palm Springs Municipal Code Section 9.6 for
a Conditional Use Permit so as to a construct guest house with a kitchen at 691 Santa Rosa Drive; and
WHEREAS, the applicant has filed an application with the City of Palm Springs pursuant to Section
9313.00 ofthe Zoning Ordinance and Palm Springs Municipal Code Section 9.6 for site plan approval so
as to construct a single family home with associated amenities and accessory structures on a hillside
property located at 691 Santa Rosa Drive; and
WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider
Applicant's application for Conditional Use Permit No. 5.0837 was given in accordance with applicable
law; and
WHEREAS, on April 26, 2000, a public hearing on the application for Conditional Use Permit No. 5.0837
was held by the Planning Commission in accordance with applicable law; and
W HLREAS, the proposed Conditional Use Permit No. 5.0837 is categorically exempt pursuant from the
terms of the California Environmental Quality Act (CEQA) per Section 15303 (New Construction and
Conversion of Small Structures); 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 Construction and Conversion of Small Structures) of the CEQA Guidelines. (D
Section 2 Pursuant to Zoning Ordinance Section 9402.00, the Planning Commission finds that:
a. The use applied for at the location set forth in the application is properly one for which a
conditional use permit is authorized by the City Zoning Ordinance.
Pursuant to the Zoning Ordinance, a guest home with kitchen facilities is authorized by the City's
Zoning Ordinance within the R 1 A zoning district subj ect to consideration of a Conditional Use
Permit, provided that such use shall be located on a lot which contains a permitted main building
and has a minimum area of 15,000 square feet.
b. The use applied for is necessary or desirable for the development ofthe community, is in
harmony with the various elements or objectives ofthe 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.
The objective of the R1A zone is to provide a variety of low -density housing types and
neighborhoods. The proposed use, a guest home, is Conditionally Permitted in the RI A Zone per
the Zoning Ordinance, provided that such use shall be located on a lot which contains a permitted
main building and has a minimum area of 15,000 square feet. 0
c. The site for the intended use is adequate in size and shape to accommodate said use,
including yards, setbacks, walls or fences, landscaping and other features required in order
to adjust said use to those existing or permitted future uses ofthe land in the neighborhood.
Section 9201.01 ofthe Zoning Ordinance specifies that a lot upon which a guest house is proposed
to be erected must have a minimum lot area of 15,000 square feet. The subj ect property consists
of 1.48 acres. The guest house is in excess of 85 feet from any property lines, thus complying with
all required setbacks. The proposed guest house will not negatively impact the future use of land
in the neighborhood.
d. The site for the proposed use related to streets and highways is properly designed and
improved to carry the type and quantity of traffic to be generated by the proposed use.
The subj ect lot fronts on a local public road: Santa Rosa Drive. The proposed use, guest homes,
will not increase the number oftrips generated by the site. The guest home will allow guests who
are visiting to stay in a more private location on -site rather than with their host in the primary
residence. In determining trip generation volumes for residential homes, it is anticipated that the
resident will have guests who will likely drive to the site.
e. The conditions to be imposed and shown on the approved site plan are deemed necessary
to protect the public health, safety and general welfare, including any minor modifications
of the zone's property development standards.
All proposed conditions of approval are necessary to ensure public health and safety as well as
providing safe, orderly and aesthetically appealing development of the hillside area. .
Section 3 Pursuant to Government Code Section 66473.5, the Planning Commission finds
that the proposed project and the provisions for its design and improvement are
compatible with the objectives, policies, and general land uses and programs
provided in the City's General Plan and any applicable specific plan; and
Section 4: Pursuant to Government Code Section 65567, the Planning Commission finds that
the proposed project and the provisions for its design and improvement are
compatible with the objectives, policies and general land use provided in the City's
local open space plan; and
Section 5: Pursuant to Government Code Section 66474, the Planning Commission finds that
with the incorporation of the conditions attached in Exhibit A:
a. The proposed project is consistent with the applicable general and specific
plans.
b. The design or improvements of the proposed project are consistent with
the General Plan
C. The site is physically suitable for the type of development contemplated by
the proposed project.
d. The site is physically suitable for the proposed density of development
contemplated by the proposed project.
e. The design ofthe project or improvements is not likely to cause substantial
environmental damage or substantially and unavoidably injure fish or
wildlife or the habitat.
f. The design of the project or improvements is not likely to cause serious
public health problems.
g. The design of the projector the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of
the property.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby approves Conditional Use Permit 5.0837 and the Site Plan included in Case
3.18 36, subject to those conditions set forth in Exhibit A, on file in the Department of Planning and
Building, which are to be satisfied prior to the issuance of a Certificate of Occupancy unless other
wise specified.
ADOPTED this 266th day of April, 2000.
AYES: Jurasky, Caffery, Matthews, Klatchko, Raya, Fontana
NOES:
ABSTAIN: Mills
ABSENT:
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CITY OF PALM SPRINGS, CA
B
Pi ing Commission Chairman Plannin ommission Secretary
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,1r1jN Wku BY Fi.ANININ UWNWiu'
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EXHIBIT A :see _.I - 6 Dete 4 - � - I --
Location: 691 Santa Rosa Driv
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Date: April 26, 2000 tesotatfon # b� � a�
APPR(WAL 9WJECT TO ALL REQUIRED
Case No. 5A837/ Conditional Use Permit''nNniTim RY ARnvt Ror' "
Case No. 3.1836/ Architectural Approval
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.
Any agreement, easements or covenants required to be entered into shall be in a form approved by the
City Attorney.
PLANNING DEPARTMENT:
1. 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
2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, it's 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
no. 3.1836 / Architectural Approval. The City of Palm 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 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.
3. 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. 0
4. The appeal period for the conditional use permit and architectural approval is 15 days from the
date of project approval. Permits will not be issued until the appeal period has concluded. The
time limit for commencement of use or construction under a Conditional Use Permit shall be
two (2) years from the effective date of approval. Extensions of time may be approved by the
Commission upon demonstration of good cause by the applicant.
Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval
by the Department of Planning and Building prior to the issuance of a building permit.
6. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The
applicant shall submit an application for Final Landscape Document Package to the Director of
Planning and Building for review and approval prior to the issuance of a building permit. Refer
to Chapter 8.60 of the Municipal Code for specific requirements.
7. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be
submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code
for specific requirements.
8. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturba 0
shall be shown and all disturbed areas shall be fully restored or landscaped.
9. All materials on the flat portions of the roof shall be earth tone in color.
10. All roof mounted mechanical equipment shall be screened from all possible vantage points both
existing and future per Section 9303.00 of the Zoning Ordinance. The screening shall be
considered as an element of the overall design and must blend with the architectural design of
the building. The exterior elevations and roof plans of the building shall indicate any fixtures or
equipment to be located on the roof of the building, the equipment heights, and type of
screening. Parapets shall be at least 6 inches above the equipment for the purpose of
screening.
11. No exterior downspouts shall be permitted on any facade of the proposed building which are
visible from adjacent streets or residential and commercial areas.
12. The street address numbering 1 lettering shall not exceed eight inches in height.
POLICE DEPARTMENT
1. Developer shall comply with Section 11 of Chapter 8.04 of the Palm Springs Municipal Code. 0
BUILDING DEPARTMENT
Prior to any construction on - site, all appropriate permits shall be secured.
FIRE DEPARTMENT
Construction shall be in accordance with 1998 California Fire Code, 1997 Uniform Fire Code.
1998 California Building Code, 1997 Uniform Building Code, 1996 National Electrical Code.
City of Palm Springs Ordinance 1570, Desert Water Agency requirements and specifications,
NFPA Pamphlet 13D (Modified), the 1997 Urban-Wildland Interface Code, plus UL and
CSFM listings and approvals.
2. Fire Department Access shall be in accordance with the 1998 California Fire Code, Article 9,
Section 902.
3. Construction site fencing is required per City of Palm Springs Ordinance 1570.
4. Premises identification shall be in accordance with 1998 California Fire Code, Article 9,
Section 901.4.4 and 1998 California Building Code, Chapter 5. Contact Building Official.
5. Access for fire fighting equipment shall be provided to the immediate job site at the start of
construction and maintained until all construction is complete.
6. Contact Desert Water Agency to ascertain if existing water systems and fire hydrants P215,
#216, as shown in the Desert Water Agency water map book Page 4-4-15-SE, can meet the
required fire flow of 2000 GPM.
7. Provide this office with a Desert Water Agency stamped copy of this Letter of Transmittal
regarding fire flow status.
8. If fire flow cannot be met with existing water supply and fire hydrants, an automatic fire
extinguishing system equipped with 24 hour monitoring is required per NFPA pamphlet 13D
(modified) and Palm Springs Ordinance 1570.
9. Provide residential smoke detectors in accordance with 1998 California Fire Code, Appendix
1-A, Section 6 and 1998 California Building Code, Chapter 3, Section 310.9.1. Contact
Building Official.
10. All building construction and landscaping shall be in accordance with the 1997 1 ]rban-Wildland
interface code.
11. Submit detailed building plans at the time of building permit application for further comments.
ENGINEERING
STREETS �J
1. Any improvements within the street right-of-way require a City of Palm Springs Encroachment
Permit. Work shall be allowed according to Resolution 17950 .
SANTA ROSA DRIVE
2. A driveway, approved by the City Engineer, shall be constructed from the property line to the
existing edge of pavement prior to issuance of the Certificate of Occupancy.
3. The developer shall provide an emergency vehicle turnaround area on site to meet Fire
Department criteria. Said design shall be approved by the City Engineer.
SANITARY SEWER
4. Connect all sanitary facilities to the City sewer system. Lateral shall not be connected at
manhole. The proposed lateral shall be connected into the most southerly section of pipe
upstream of the existing cleanout.
GRADING 0
5. A copy of a Title Report prepared/updated within the past 3 months and copies of record
documents shall be submitted to the City Engineer with the first submittal of the Grading Plan.
6. Submit cut and fill quantities to City Engineer to determine if a Grading Plan is required. If
required, the Grading Plan shall be prepared by a Registered Professional and submitted to the
Engineering Department for plan check. Grading plan shall be submitted to the Planning
Department for continents prior to submittal to the Engineering Department. The Grading Plan
shall be approved by the City Engineer prior to issuance of any grading or building permits.
Minimum submittal includes the following:
A. Copy of Planning Department grading plan comments.
B. Copy of signed Conditions of Approval from Planning Department.
C. Copy of Site Plan stamped approved and signed by the Planning Department.
D. Copy of Title Report prepared/updated within past 3 months.
E. Copy of Soils Report, IF required by these conditions.
F. Copy of Hydrology Study/Report,IF required by these conditions.
7. A soils report prepared by a licensed Soils Engineer shall be required for and incorporated as
an integral part of the grading plan for the proposed site. A copy of the soils report shall be
submitted to the Building Department and to the Engineering Department along with plans,
calculations and other information subject to approval by the City Engineer prior to the issuance
of the grading permit.
DRAINAGE
8. The developer shall accept all flows impinging upon his land and conduct these flows to an
approved drainage structure. On -site retention/detention or other measures approved by the
City Engineer shall be required if off -site facilities are determined to be unable to handle the
increased flows generated by the development of the site. Provide calculations to determine if
the developed Q exceeds the capacity of the approved drainage carriers. Predevelopment Q
shall not be exceeded. Storm drainage facilities and structures shall be designed/constructed to
convey run-off from a 10 year storm for a fully developed condition.
9. The proposed realignment of the existing Baristo Wash Channel shall be approved by Riverside
County Flood Control and Water Conservation District (R.C.F.C.). The existing wash
easement shall be vacated and either 1.) Revert back to the property owner or 2.) The
realigned R.C.F.C. easement shall be recorded and a copy of said document shall be sent to
the City Engineer prior to issuance of the Certificate of Occupancy.
10. The project is subject to flood control and drainage implementation fees. The acreage drainage
fee at the present time is $ 9,212.00 per acre per Resolution No. 15189. Fees shall be paid
prior to issuance of a building permit.
ON -SITE
11. Prior to installing on -site driveway and parking materials, the applicant shall submit to the City
Engineer and the Planning Director proposed paving materials, recognizing that the selected
materials must not be something that may wash out into the right-of-way and selected materials
must create a quiet driving surface. No materials may be installed in the on -site driveway or
parking area until the City Engineer and Planning Director have authorized the use of the
materials.
12. The proposed vehicular and pedestrian bridges shall be constructed in such a manner that they
are of a proper freeboard height not to impede storm water flows within the channel area. The
bridge abutments must be situated out of the channel area and must not be compromised by
erosion due to flooding. The design shall be submitted to the City Engineer for approval if the
easement is Quit Claimed by R.C.F.C. to the owner, or Riverside County Flood Control and
Water Conservation District for approval if they (R.C.F.C.) are retaining the easement rights.
GENERAL
13. Any utility cuts in the existing off -site pavement made by this development shall receive trench
replacement pavement to match existing pavement plus one additional inch. See City of Palm
Springs Standard Drawing No. 115. Pavement shall be restored to a smooth rideable surface.
14. All proposed utility lines on/or adjacent to this project shall be undergrounded prior to issuance
of a Certificate of Occupancy.
15. All existing utilities shall be shown on the grading plans. The existing and proposed service
laterals shall be shown from the main line to the property line. The approved original grading
plans shall be as -built and returned to the City of Palm Springs Engineering Department prior to
issuance of the certificate of occupancy.
16. Developer shall contact all utility purveyors to obtain written confirmation of service and submit
a copy of all utility company will -serve letters to the City Engineer with first plan check.
17. Nothing shall be constructed or planted in the comer cut-off area of any street intersection or
driveway which does or will exceed 30 inches in height in order to maintain an appropriate sight
distance. 0
18. All trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb
shall have City approved deep root barriers installed per City of Palm Springs Engineering
specifications.
TRAFFIC
19. Construction signing, lighting and barricading shall be provided for on all projects as required
by City Standards or as directed by the City Engineer. As a minimum, all construction signing,
lighting and barricading shall be in accordance with State of California, Department of
Transportation, "MANUAL OF TRAFFIC CONTROLS FOR CONSTRUCTION AND
MAINTENANCE WORK ZONES" dated 1996, or subsequent additions in force at the
time of construction.
20. This property is subject to the Transportation Uniform Mitigation Fee based on the
RESIDENTIAL SINGLE FAMILY DETACHED ITE Code B land use.
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