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RESOLUTION NO.4693
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OF THE PLANNING COMMISSION OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING A VARIANCE
REQUEST (CASE NO. 6.443)TO ALLOW PERIMETER
WALLS AND ROOF BARREL VAULTS TO EXCEED THE
MAXIMUM HEIGHT LIMIT OF THE R-1-A ZONE IN
CONJUNCTION WITH THE CONSTRUCTIONOF A NEW
SINGLE FAMILY RESIDENCE AND A NEW DETACHED
GUEST HOUSE, LOCATED AT 345 N. VIA LAS PALMAS,
SECTION 10.
WHEREAS, U.P.I., Inc. and James Houston (The "applicants") have filed an application with the City
of Palm Springs pursuant to Section 9406.00 of the Zoning Ordinance for a request to allow 6 ft. high
perimeter walls within 12 feet of the front property line and roof barrel vaults of 22 and 23 feet in height
for the proposed guest house and new main residence, respectively, to exceed the maximum height limit
C4 of 18 feet in the R-1-A Zone District in conjunction with the construction of a new single family
residence and a new detached guest house located at 345 N. Via Las Palmas, Section 10, and;
WHEREAS, the applicant has stated that the proposed variance is necessary to establish an estate
house design on an estate sized lot, similar to the established development pattern in the Las Palmas
neighborhood.
WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to
consider the applicant's application for a variance was given in accordance with applicable law,; and
WHEREAS, on May 10, 2000, 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 of special circumstances applicable to the subject property, including size, shape,
topography 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:
The subject parcel is an estate size lot consisting of approximately 1.6 acres of land. The wall
and barrel vault elements which are the subject of this application are relatively small when
compared to the size of the lot, and the structures to which they are incorporated, and both of
the barrel vaults and the 6 ft. high wall would be constructed and located on the lot in such a
way as to minimize their visibility and view blockage while at the same time making them
architecturally and aesthetically pleasing. Also, the surrounding neighborhood is developed with
several estate type homes on large Iots which have decorative roof features as well as 6 foot high
perimeter walls located within the front yard setback areas, thereby establishing a precedent for
the neighborhood.
b. Any variance 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. J
There are several other properties in the immediate vicinity of the subject parcel which are
developed with 2 story structures, or have decorative roof features exceeding the current zone
district height limitation of 18 feet. There are also several properties in this general area that
have existing 6 foot high perimeter walls located within the front yard setback area, some
exceeding 6 feet in height on the property line. Staff has also included recommended conditions
of approval for the project which will assure that the adjustment shall not constitute a grant for a
special privilege.
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 variance request is for the purpose of constructing two decorative roof barrel vault features,
as well as a 6 foot high perimeter wall within the front yard and side front yard setback areas.
As such, the variance request will not be materially detrimental to the public health, safety,
convenience, or welfare or injurious to property and improvements in the same vicinity and zone
in which the subject property is situated.
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d. The granting of such variance will not affect the General Plan for the City.
The subject parcel is designated as residential in the land use element of the General Plan. The
components of the proposed variance are for the purpose of making residential improvements to
the property (decorative roof structures and perimeter walls to enclose and secure the property).
Therefore, the granting of the variance will not adversely affect the General Plan of the City.
NOW, THEREFORE, BE IT RESOLVED that based upon the foregoing, the Planning Commission
hereby approves the variance request for property located at 345 N. Via Las Palmas, R-1-A Zone
District, Section 10, specifically described as follows:
1. Roof barrel vaults are allowed at a maximum height of 23 feet for the main residence and 22 feet for
the detached guest house to the highest point of the barrel vault as shown on the conceptual plans and
drawings submitted with this application, and
2. The perimeter wall within the front yard and side front yard setback area is allowed at a maximum
height of b feet as shown on the plans and drawings submitted with this application, at a setback of
approximately 12 to15 feet from the front property line and located on the side property line within the
front yard setback area.
This variance is subject to the conditions a set forth in attached Exhibit A, which are to be satisfied as
established by said conditions;
ADOPTED This 10' day of May, 2000.
AYES: Mills, Fontana, Raya, Matthews, Caffery, J'urasky
NOES:
ABSTAIN:
ABSENT: Klatchko
ATTEST:
CITY OF PALM SPRINGS
By 1eCV& 1,�z_
Pl ng Commission Chairman Planning C66mmission Secretary
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:
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. 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.
5. 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.
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 I1 of Chapter 8.04 oI-the Palm Springs Municipal Code.
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
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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.
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. Submit detailed building plans at the time of building permit application for further comments.
.1.
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
1. The Engineering Department recommends deferral ofoff-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. Proofofprocessing encroachment agreementsilicenses, 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 comer of the subject 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.
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 of21 /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 subject 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 21 /2 inch
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asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24
inches at 95% relative compaction, OR equal, from edge ofproposed/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 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 ofthe 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 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.
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
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 pavemerntto 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. 0
26. All existingutilities shall be shown on the din street plans. The existing and proposed
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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 ofsidewalk clearance around all street
furniture, fire hydrants and other above -ground facilities for handicap accessibility. The
developer shall provide same through dedication of additional right-of-way and widening
ofthe sidewalk or shall be responsible for the relocation of all existing traffic signal/safety
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, 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.
32. This property is subject to the Transportation Uniform Mitigation Fee based on the
SINGLE FAMILY RESIDENTIAL ITE Code B land use.
Submitted:
Engineering Assistant
Approved: Date:
David J. Barakian, City Engineer
* Off -Site Improvements Approved For Deferral By Covenant:
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