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RESOLUTION NO.4692 todON �—�— Of"M #
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OF THE PLANNING COMMISSION OF THE CITY OF
PALM SPRINGS, CALIFORNIA GRANTING APPROVAL
OF A CONDITIONAL USE PERMIT (CASE NO. 5.0832)
TO ALLOW FOR THE DEVELOPMENT OF A DETACHED
GUEST HOUSE IN CONJUNCTION WITH A NEW SINGLE
FAMILY RESIDENCE LOCATED AT 345 N. VIA LAS
PALMAS, R-Z-A ZONE DISTRICT, SECTION 1.0
WHEREAS, U.P.I., Inc. and James Houston (the applicants) have 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 construct a detached guest house with a kitchen at
345 N. Via Las Palmas, 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. 5.0832 was given in accordance with
applicable law; and
WHEREAS, on May 10, 2000, a public hearing on the application for Conditional Use Permit 5.0832
was held by the Planning Commission in accordance with applicable law; and
WHEREAS, the proposed Conditional Use Permit No. 5.0832 is categorically exempt from further
review under the California Environmental Quality Act (CEQA) pursuant to Section 15303 (new
construction and conversion of small structures); and
WHEREAS, the Planning Commission has carefully reviewed and considered all 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.
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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 subject 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 of the community, is in harmony
with the various elements or objectives of the General Plan, and is not detrimental to existing uses or
future uses specifically permitted in the zone in which the proposed use is to be located.
The objective of the R-1-A zone is to provide a variety of low -density housing types and
neighborhoods, The proposed use, a guest home, is Conditionally Permitted in the R-1-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 lot area of 15,000 square feet.
c. The site for the intended use is adequate in size and shape to accomodate 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 of land in the neighborhood.
Section 9201.01 of the 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 subject property consists of
approximately 1.6 acres. The guest house is approximately 30 feet from the closest property line, 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 subject lots have frontage on 3 local public streets. The proposed guest home use will not
significantly increase the number of vehicular trips generated by the site. The gust 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, but not at a volume that would adversely impact the
surrounding street system.
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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.
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 provision for its design and improvements 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 density of development contemplated by the
proposed project.
e. The design of the project or improvements is not likely to cause substantial
environmental damage or substantially and unavoidably injure fish or wildlife or their
habitat.
f. The design of the project or improvements is not likely to cause serious public
health problems.
g. The design of the project or 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 5.0832 subject to those conditions as 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 otherwise specified.
ADOPTED this 10`� day of May, 2000
AYES: Mills, Fontana, Raya, Matthews, Caffery, Jurasky
NOES:
ABSTAIN:
ABSENT: Klatchko
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CITY OF PALM SPRINGS, CA
By AMS Je
Planning Commission Chairman Planning ommission Secretary
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EXHIBIT A
Location: 345 North Via Las Palmas
Date: May 10, 2000
Case No. 5.0832 / Conditional Use Permit
Case No. 6.443 / Variance
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:
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. 5.0832 / conditional use permit and case no. 6.443 / variance. 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. The appeal period for the conditional use permit and variance approvals 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.
4. 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.
S. 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.
6. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance
shall be shown and all disturbed areas shall be fully restored or landscaped. 0
7. All materials on the flat portions of the roof shall be earth tone in color.
8. Any 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.
9. No exterior downspouts shall be permitted on any facade of the proposed building which are
visible from adjacent streets or residential and commercial areas.
10. The street address numbering / lettering shall not exceed eight inches in height.
1 Oa. Rental of the guest house is prohibited.
POLICE DEPARTMENT
11. Developer shall comply with Section 11 of Chapter 8.04 of the Palm Springs Municipal Code. 0
BUILDING DEPARTMENT
12. Prior to any construction on -site, all appropriate permits shall be secured.
FIRE DEPARTMENT
13. Construction shall be in accordance with the 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.
14. Fire Department access shall be in accordance with the 1998 California Fire Code, Article 9,
Section 902.
15. Construction site fencing is required per City of Palm Springs Ordinance 1570.
16. 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 the Building Official,
17. 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.
18. Contact Desert Water Agency to ascertain if existing water systems and fire hydrants as shown
in Desert Water Agency water map book can meet the required fire flow.
19. Provide this office with a Desert Water Agency stamped copy of this letter of transmittal
regarding fire flow status.
20, 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.
21. 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.
2.2_ Submit detailed building plans at the time of building permit application for further comments.
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The Engineering Department recommends that if this application is approved, such approval is subject
to the following conditions being completed in compliance with City standards and ordinances:
Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction
of the City Engineer.
STREETS
The Engineering Department recommends deferral of off -site improvement ITEMS 3 thru
7, 9 thru 11,13 thru 15, 21 and 30 at this time due to lack of full improvements in the
immediate area. The developer shall enter into a covenant agreeing to construct all
mentioned improvements along the entire frontage upon the request of the City of Palm
Springs City Engineer at such time as deemed necessary. The covenant shall be submitted
with the Grading Plan. The Grading Permit will not be issues until completion of the
covenant.
2. Any improvements within the street right-of-way require a City of Palm Springs
Encroachment Permit.
3. Submit street improvement plans prepared by a Registered Civil Engineer to the
Engineering Department. The plans shall be approved by the City Engineer prior to
issuance of any grading or building permits.
Minimum submittal shall include the following, IF applicable:
A. Copy of signed Conditions of Approval from Planning Department.
C. Proofofprocessingencroachmentagreements/licenses,covenants,reimbursement
agreements, etc. required by these conditions.
VIA LAS PALMAS NORTH
4. Construct a 6 inch curb and gutter,18 feet SOUTH of centerline along the entire frontage,
with a 25 foot radius curb return at the NORTHEAST corner of the subj ect property per
City of Palm Springs Standard Drawing No. 200.
5. The driveway approach shall be constructed in accordance with City of Palm Springs
Standard Drawing No. 201 and have minimum width of 10 feet.
6. Construct a minimum 5 foot wide sidewalk behind the curb along the entire frontage in
accordance with City of Palm Springs Standard Drawing No. 210. 0
7. Remove and replace existing pavement with a minimum pavement section of 2-1::2 inch
asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24
inches at 95% relative compaction, OR equal, from edge of proposed gutter to centerline
along the entire frontage in accordance with City of Palm Springs Standard Drawing No.
110 AND 300. The pavement section shall be designed, using "R" values, by a licensed
Soils Engineer and submitted to the City Engineer for approval.
8. Interim driveway approaches, 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.
CAMINO CENTRO
9. Construct a 6 inch curb and gutter,18 feet WEST of centerline along the entire frontage
of the subject property per City of Palm Springs Standard Drawing No. 200.
10. Construct a minimum 5 foot wide sidewalk behind the curb along the entire frontage in
accordance with City of Palm Springs Standard Drawing No. 210.
11. Remove and replace existing pavement with a minimum pavement section of 21 / 2 inch
asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24
inches at 95% relative compaction, OR equal, from edge of proposed/existing gutter to
centerline along the entire frontage in accordance with City of Palm Springs Standard
Drawing No.110 and 300. The pavement section shall be designed, using "R" values, by
a licensed Soils Engineer and submitted to the City Engineer for approval.
12. An interim driveway approach, approved by the City Engineer, shall be constructed for the
trash enclosure from the property line to the existing edge of pavement prior to issuance
of the Certificate of Occupancy.
VIA LAS PALMAS SOUTH
13. Construct a 6 inch curb and gutter,18 feet NORTH of centerline along the entire frontage,
with a 25 foot radius curb return at the SOUTHEAST corner of the subj ect property per
City of Palm Springs Standard Drawing No. 200.
14. Construct a minimum 5 foot wide sidewalk behind the curb along the entire frontage in
accordance with City of Palm Springs Standard Drawing No. 210.
15. Remove and replace existing pavement with a minimum pavement section of 2 L`2 inch
asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24
inches at 95% relative compaction, OR equal, from edge of proposed/existing gutter to
centerline along the entire frontage in accordance with City of Palm Springs Standard
Drawing No. 110 and 300. The pavement section shall be designed, using "R" values, by
a licensed Soils Engineer and submitted to the City Engineer for approval.
16. Decorative paving specifications for the driveways shall be submitted to the City Engineer
for review and approval prior to the issuance of the grading or building permits.
SANITARY SEWER
17. Connect all sanitary facilities to the City sewer system. Lateral shall not be connected at
manhole.
GRADING
18. A copy ofa 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.
19. 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 comments prior to submittal to the Engineering Department. The
Grading Plan shal l 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.
20. The area in which this project is situated is indicative of desert soil conditions found in
many areas of Palm Springs. The Engineering Department does not require a soils report.
This does not mean that subterranean conditions unknown at this time may not affect O
construction done on this site.
21. Drainage swales shall be provided adjacent to all curbs and sidewalks - T wide and 6"
deep - to keep nuisance water from entering the public streets, roadways, or gutters.
DRAINAGE
22. The developer shall accept all flows impinging upon his land and conduct these flows to an
approved drainage structure.
23. 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.
GENERAL
24. 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.
25. All proposed utility lines to this project shall be undergrounded prior to issuance of a
Certificate of Occupancy.
26. All existing utilities shall be shown on the grading/street plans. The existing and proposed
service laterals shall be shown from the main line to the property line. The approved
original grading/street plans shall be as -built and returned to the City of Palm Springs
Engineering Department prior to issuance of the certificate of occupancy.
27. The developer shall take every precaution needed to "Protect -in-Place" any existing
Whitewater Mutual Water Company water line(s) that may traverse his project.
28. Nothing shall be constructed or planted in the corner cut-off area of any driveway which
does or will exceed the height required to maintain an appropriate sight distance per City
of Palm Springs Standard Drawing No. 203.
29. All proposed 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
30. The developer shall provide a minimum of 48 inches of sidewalk clearance around all street
fiuniture, fire hydrants and other above -ground facilities for handicap accessibility. The
developer shall provide same through dedication ofadditional right-of-way and widening
ofthe sidewalk or shall be responsible for the relocation of all existing traffic signal -'safety o
light poles, conduit, pull boxes and all appurtenances located on the VIA LAS PALMAS
NORTH, CAMINO CENTRO and VIA LAS PALMAS SOUTH frontages of the
subject property.
31. 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, lightingand 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.
32. This property is subject to the Transportation Uniform Mitigation Fee based on the
SINGLE FAMILY RESIDENTIAL ITE Code B land use.
NO]
Submitted:
Approved:
Engineering Assistant
David J. Barakian, City Engineer
Date:
Off -Site Improvements Approved For Deferral By Covenant:
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