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Home My WebLink AboutPC Resolution _4715- Case 5.0849RESOLUTION NO. 4715 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECOMMENDING APPROVAL OF CONDITIONAL USE PERMIT REQUEST, CASE NO. 5.0849, REQUESTING AN ALLOWANCE OF AN ADDITION, AND LEGALIZATION OFAN EXISTING KITCHEN, TOAGUEST HOUSE AT 670 ROSE AVENUE. R-1-13 ZONE, SECTION 10. WHEREAS, the Planning Commission has received a requestfor a Conditional Use Permitto allow for an addition and the legalization of an existing kitchen to a guest house; and WHEREAS, the Zoning Ordinance requires that guest houses largerthen 1150 of the lot size, as well as those with kitchens require a Conditional Use Permit; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to considerthe application for Conditional Use Permit 5.0849 was given in accordance with applicable law; and WHEREAS, on September 27, 2000, a public hearing on the application for -the Conditional Use Permit 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 catecorically exempt from the requirements of CEQA pursuant to Section 15303 (New Small Construction) of the CEQA Guidelines, therefore no environmental review is necessary. Section 2: Pursuant to Government Code Section 66474, the Planning Commission finds that: a. That the use applied for atthe location set forth in the application is properly one for which a Conditional Use Permit is authorized by the Zoning Ordinance. The project site is located within the R-1-B zone. The Zoning Ordinance allows for a guest house larger than 1150 the size of the lot, as well as kitchen facilities with a Conditional Use Permit. This project is appropriately subject to the Conditional Use Permit review within the R-1-B zone. b. That the said 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. The proposed use is desirable in that itwill allow the residents of the single family residence which is the primary structure on the property to accommodate occasional guests with a separate living area. Guest houses are for occasional guests or visitors only, and do not constitute single family residences. As accommodations for occasional visitors, the proposed structure is consistent with the objectives of the General Plan, and will not be detrimental to existing or future uses permitted in the R-1-B zone within which the proposed use is to be located. c. That the site for the intended use is adequate in size and shape to accommodate said use, including yards, setbacks, walls, fences, landscaping and other features required in order to adjust said use to those existing or permitted future uses of land in the neighborhood. The project site is a 16,800 square feet lot which is in excess of the minimum lot requirements for the R-1-B zone. As such, the project site is adequate in size and shape to accommodate the proposed guest house addition and kitchen, including yards, setbacks, required parking, and otherfeatures required in order to adjust the proposed use to those existing and permitted future uses of land in the neighborhood. d. That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. The project site is accessed by public streets which are adequate to serve the residential neighborhood within which the site is located. The proposed guest house will serve only occasional visitors to the single family residence which is the primary use on the site and will not intensify uses on the site or in the area. e. 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. All proposed conditions of approval are necessary to ensure compliance with Zoning Ordinance requirements and to ensure public health and safety. NOW, THEREFORE, BE IT RESOLVED that, based on the foregoing, the Planning Commission hereby approves Conditional Use Permit 5.0849 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 otherwise specified. ADOPTED this 27 day of September , 2000. AYES: Mills, Jurasky, Raya, Klatchko, Caffrey, Shoenberger NOES: ABSENT: Matthews ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Planning Commission Chairman Planning COnmission Secretary :J8a *��Ruf.J,-r D8t8 q,.�,�.(�iCe1�iL"!J�• RESOLUTION NO. 4715 AVEU By CITY Cat' EXHIBIT A 9410 #._._ _ ode_---- �-------� 670 Rose Avenue AI'fR'9MAL MECT TO ALL REMARV September 27, 2000 MWITMW BY AROW P'op"•e Case No. 5.0849 Conditional Use Permit CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Directorof Planning, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. 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 ownershall 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 5.0849. 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 a Conditional Use Permit application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. 4. All colors and materials shall match existing. 5. The guest house with kitchen shall not be used for permanent occupancy. BUILDING DEPARTMENT: 6. Prior to any construction on -site, all appropriate permits must be issued. FIRE DEPARTMENT: None ENGINEERING DEPARTMENT: None