HomeMy WebLinkAboutPC Resolution _4998- Case 5.0993 CUPRESOLUTION NO. �9 ,�'J
OF THE PLANNING COMMISSION OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING CASE 5.0993, A
CONDITIONAL USE PERMIT TO ALLOW THE USE OF A
LEGALLY CONSTRUCTED TWELVE (12) UNIT APARTMENT
COMPLEX, A MULTI -FAMILY RESIDENTIAL USE, IN AN R-1-C
(SINGLE-FAMILY RESIDENTIAL) ZONE FOR THE PROPERTY
LOCATED AT 2346 N. SUNRISE WAY, ZONE R-1-C, SECTION 1.
WHEREAS, Lawrence Sofonio (the "Applicant") has filed an application with the City pursuant to
Section 94.05.08 of the Zoning Ordinance for a Conditional Use Permit to allow the use of an
existing multi -family structure and use in an R-1-C (Single -Family Residential Zone) which
became non -conforming in 1973 due to Ordinance No. 951, located at 2346 N. Sunrise Way
and zoned R-1-C, Section 1; and
WHEREAS, the multi -family residential complex meets the standards as outlined in Section
94.05.08, regarding non -conforming multi -family residential structures and uses as a conditional
use; and
WHEREAS, the applicantlowner of the property has agreed to all the Conditions Of Approval;
and
WHEREAS, on March 24, 2004, the Planning Commission of the City of Palm Springs
reconsidered the denial for Conditional Use Permit 5.0993; 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, all written and oral testimony presented.
THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS:
Section 1:
Section 2:
Pursuant to CEQA, the Planning Commission finds that Case 5.0993 is
categorically exempt from environmental assessment per Section 15301,
Existing Facilities, of the California Environmental Quality Act (CEQA).
Class 1 consists of the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities,
mechanical equipment, or topographical features, involving negligible or no
expansion of use beyond that existing at the time of the lead agency's
determination.
Pursuant to Zoning Ordinance Section 94.02.00, the Planning Commission finds
that:
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's Zoning Ordinance.
Pursuant to Section 94.05.08 of the Zoning Ordinance, a multi -family structure and use
that became non -conforming in 1973 due to Ordinance No. 951 may be permitted to
continue indefinitely when a conditional use permit is approved pursuant to the
requirements of that section, and pursuant to Section 94.02.00, is a conditionally
permitted use in this R-1-C zone.
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 it to be located.
The project structure is a 12-unit multi -family apartment complex that was constructed in
1956 per existing codes and standards of development at that time. At that time the
multi -family residence was a permitted use in an R-3 zone designation. The multi -family
use has been in continuous existence since that time. The function of providinc
necessary housing for median income households is in harmony with the objectives of
the General Plan and is not detrimental to existing uses or future uses permitted in the
zone in which the project is located.
The site for the intended use is adequate in size and shape to accommodate such use,
including yards, setbacks, wall or fences, landscaping and other features required in
order to adjust such use to those existing or permitted future uses of land in the
neighborhood.
The previously developed site is adequate in size and shape to accommodate such use.
Conditions of approval have been associated with the Conditional Use Permit in order to
conform more fully to present standards of development.
The site for the proposed use relates to streets and highways property designed and
improved to carry the type and quantity of traffic to be generated by the proposed use.
The property is located near the intersection of a major thoroughfare and local street.
The adjacent streets have been adequately maintained and improved since the project's
construction. Therefore, the granting of this Conditional Use Permit, subject to the
conditions of approval, will have no impact on traffic volume in the area.
The conditions to be imposed and shown on the approved site plan are deemed
necessary to protect the public health, safety, and general welfare of the existing
neighborhood in which this project is situated.
All proposed conditions of approval are necessary to ensure compliance the intent of
Section 94.05.08 of the Zoning Ordinance is fulfilled and to protect the public health,
safety and welfare of the existing neighborhood in which the project is situated.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby approves Conditional Use Permit 5.0993, subject to the conditions set forth
in the attached Exhibit A, which are to be satisfied prior to the issuance of a Certificate of
Occupancy unless otherwise specified.
ADOPTED this 24th day of March 2004.
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
CITY OF PALM SPRINGS, CALIFORNIA
the Planning Commission
qY 'itl 13i YtAp' jliva
6vs S °�` Cats 3 N It''7fIniti
EXHIBIT A
Case No. 5.0993 CUP
2346 N. Sunrise Way
March 24, 2004
CONDITIONS OF APPROVAL
APPROVED BY CITY COUNCIL
e a- Date- 1014
Ordincnce #_
APPROVAL SUBJECT TO ALL 9'M
CnIONTIONS, BY ABOVE F-0i
Before final acceptance of the project, all conditions listed below shall be
satisfaction of the City Engineer, the Director of Planning, the Chief of Police,
their designee, depending on which department recommended the condition.
completed to th
the Fire Chief c
Any agreements, easements or covenants required to be entered into shall be in a forr
approved by the City Attorney.
Planning:
Administrative:
t . The proposed development of the premises shall conform to all applicable regulations c
the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes
ordinances and resolutions which supplement the zoning district regulations.
la
The owner shall defend, indemnify, and hold harmless the City of Palm Springs, it
agents, officers, and employees from any claim, action, or proceeding against the City c
Palm Springs or its agents, officers or employees to attach, set aside, void or annul, al
approval of the City of Palm Springs, its legislative body, advisory agencies, o
administrative officers concerning Case 5.0993 - CUP. The City of Palm Springs wi.
promptly notify the applicant of any such claim, action, or proceeding against the City o
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.
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.
Any violation of this Conditional Use Permit or any City codes or ordinances shall result
in revocation of this conditional use permit pursuant to Section 94.02.00.1 of the Palm
Springs Zoning Ordinance.
r
4. That the property owner(s) and/or successors and/or assignees in interest shall maintain
and repair the improvements of all aspects of the property including and without
limitation sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls,
and fences between the curb and property line, including sidewalk or bikeway easement
areas that extend onto private property, in a first class condition, free from waste and
debris, and in accordance with all applicable law, rules, ordinances and regulations of all
federal, state and local bodies and agencies having jurisdiction at the property owner's
sole expense. This condition shall be included as a recorded exhibit associated with the
deed for the property.
5. The multi -family residential use shall comply with all requirements as listed in the City of
Palm Springs Zoning Code Section 94.05.08, and as outlined in City Ordinance No.
1634.
Architectural and Landscaping:
6. A property improvement plan shall be submitted one (1) month from the date of approval
and work completed within the stated time frame that includes the following and is
subject to the approval of the Director of Planning and Zoning and/or designee.
7. The following items are to be completed within sixty days (60) from the date of approval
and subject to the approval of the Director of Planning and Zoning and/or designee:
a. All existing landscaping shall be trimmed and pruned to provide a manicured
landscape presence.
b. Any dead and/or dying plants and/or shrubs shall be replaced.
c. All landscape lighting fixtures shall be repaired and/or replaced.
d. Existing irrigation shall be maintained. New irrigation shall be supplied for the new
landscaped and existing landscaped areas.
8. The following items are to be completed within 120 days from the date of approval and
subject to the approval of the Director of Planning and Zoning and/or designee:
a. Shade trees shall be added adjacent to the parking areas along the north and south
side to achieve, as close as possible, 30% shading.
b. The wall along Sunrise Way shall have a landscaped barrier between wail and
parking area.
c. The north and south property wall shall have a landscaped barrier between the wall
and parking area.
d. The rear property wall shall have a landscape barrier between the wall and yard to
provide shade and/or privacy from and to the surrounding single-family residences.
e. Two shade trees shall be provided in the landscape areas between the west side of
building and parking area
Site Design:
�. The following items shall done within one hundred eighty days (180) from the date of
approval for the following site improvements, subject to approval by the Director of
Planning and Zoning and/or designee:
a. A trash enclosure built to City standards shall be constructed.
b. The pool deck shall be repaired to provide a smooth and safe surface.
c. All curb stops shall be removed.
d. Sidewalk shall be repaired and/or replaced along the south entry -way.
e. Existing wood shutters shall be repaired.
f. The existing perimeter wall on the north side of the property shall be repaired and/or
replaced.
g. The existing perimeter wall on the west side of the property shall be repaired and/or
replaced.
h_ All entry gates shall be repaired and/or replaced and shall be made of decorative
iron.
i. All interior wood fences shall be repaired.
j. All exterior porch covers shall be removed along the north, east and south side of the
building.
k. The damaged roof shall be repaired and/or replaced.
I. The building, walls and gates shall be painted.
10. The following items shall done within two hundred seventy days (270) from the date of
approval for the following site improvements, subject to approval by the Director of
Planning and Zoning and/or designee:
a. A new perimeter decorative block wall shall be installed on the south side of the
property.
Parking
11. Parking area shall be resurfaced and feathered to align with the existing driveway and
sidewalks within six months (6) from the date of approval, subject to the approval of the
Director of Planning and Zoning and/or designee.
12. Parking spaces clearly stripped and numbered within six (6) months from the date of
approval, subject to approval by the Director of Planning and Zoning and/or designee.
13. One handicapped parking space shall be clearly marked within six (6) months from the
date of approval, subject to approval by the Director of Planning and Zoning and/or
designee. This parking space can be used for regular tenant parking if no disabled body
requires this parking spot.
Building:
14. All corrections shall be completed within six (6) months of the Conditional Use Permit
approval date. The Building & Safety Director and the Director of Planning and Zoning
may grant time extensions. Corrections include:
a. The wiring in the laundry room.
b. The plumbing in the laundry room.
c. The clearing of material along the south side of the apartment complex.
M d. The door into the storage area shall be repaired and/or replaced.
15. Prior to any construction on site, all appropriate permits must be secured.
Police:
16. None
Code Enforcement:
17. None
Fire:
18. None