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HomeMy WebLinkAboutPC Resolution _5046- Case 5.1079- CUPs RESOLUTION NO. 5046 OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA FOR ADOPTION OF CONDITIONAL USE PERMIT LOCATED AT 233 CRESTVIEW DRIVE, ZONE R- 1-C, SECTION 27. WHEREAS, Thomas Minder (Applicant") has filed an application with the City pursuant to Section 94.02.00 of the Zoning Ordinance for a guest house larger than 1150 of the lot area, located at 233 Crestview Drive, Zone R-1-C, Section 27; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Case No. 6.1079 - CUP was given in accordance with applicable law; and WHEREAS, on December 14, 2005, a public hearing on the application for architectural approval was held by the Planning Commission in accordance with applicable law; and WHEREAS, the proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and has been determined to be Categorically Exempt as a Class III exemption (new construction or conversion of small structures) pursuant to Section 15303(a) of the CEQA Guidelines: 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 the requirements of the Section 92.01.01(D)(3) the Planning Commission finds: 1) Such use shall be located on a lot which contains a permanent main building. The lot contains an existing single-family dwelling that is 3,338 square feet and exceeds the minimum required 1,500 square feet to be considered a primary use. 2) The lot shall have a minimum area of 15,000 square feet. The lot area is 24,682 square feet and exceeds the minimum requirement of the zone. 3) Such use may also require additional off-street parking. The project proposed a two car garage which meets the minimum of two covered parking spaces required for all single-family residences. The driveway is also of sufficient length to provide an off-street parking area for guests. Section 2: Pursuant to the requirements of Section 94.02.00(B)(6), the Planning Commission finds: 1) 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 this Zoning Code. Section 92.01.01(D)(3) authorizes guest houses that exceed one -fiftieth (1150) of the lot area pursuant to a CUP. 2) That the use is necessary or desire -able for the development of the community, is in harmony with the various elements of objectives of the general plan, and 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 of the guest house is as a pool house and does not include arrangements for permanent living such as an independent kitchen. Therefore the use will not affect the density allowed in the L4 designation and is therefore compatible with the General Plan. The pool house is intended to be used in conjunction with the permanent use of the single-family residence. Because there would be no increase in the intensity of use on the property due to the pool house, it is unlikely that there would be an impact on the neighboring properties. 3) That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls 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 subject property is over half an acre and exceeds the zone's standards in lot area, depth, and width for its zone. The proposed guest house is within the required setbacks and building envelope and therefore would have no more physical effect on the neighboring lots than would an extension of a single-family house on the same location. 4) 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 O use. The guest house will not account for an increase in the intensity of use for the subject property, there is unlikely to be any traffic impact associated with the proposal. The proposal would increase the parking area for the project from one covered parking space with no driveway to a two -car garage with a 25'5" driveway. The increase in off- street parking area will likely lessen the impact of the residence by providing a viable parking area for residents and their guests. 5) 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. Such conditions may include: a. Regulation of use b. Special yards, space and buffers c. Fences and walls d. Surfacing of parking areas subject to city specifications e. Requiring street, service road, or alley dedications and improvements or appropriate bonds f. Regulation of points of vehicular ingress and egress g. Regulation of signs h. Requiring landscaping and maintenance thereof i. Requiring maintenance of grounds j. Regulation of noise, vibrations, odors, etc. k. Regulation of time for certain activities I. Time period within which the proposed use shall be developed m. Duration of use n. Dedication of property for public use o. Any such other conditions as will make possible the development of the city in an orderly and efficient manner and in conformity with the intent and purposes set forth in this Zoning Code, including but not limited to mitigation measures outlined in an environmental assessment. The project is unlikely to have an impact beyond the impact of a single-family residence and staff believes that the standard Conditions of Approval for SFRs are sufficient for the project. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Case No. 5.1079 - CUP. ADOPTED this 10 day of December, 2005. AYES: 7 / Shoenberger/Cohen/Marantz/Hochanadel/Ringlein/Roath/Hutcheson NOES: ABSENT: ABSTAIN: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA ni 11mm?j Secretary RESOLUTION NO. 5046 EXHIBIT A Case No. 5.1079 - CUP 233 Crestview Drive December 14, 2005 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 Services, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. PROJECT SPECIFIC CONDITIONS The guest house may not be rented separately from the main residence. ADMINISTRATIVE a 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, 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 5.1079. 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. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parkways, 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 in the recorded covenant agreement for the property if required by the City. 4. Pursuant to Fish and Game Code Section 711.4 a filing fee of $64.00 is required. This project has a de minimus impact on fish and wildlife, and a Certificate of Fee Exemption shall be completed by the City and two copies filed with the County Clerk. This application shall not be final until such fee is paid and the Certificate of Fee Exemption is filed. Fee shall in the form of a money order or cashier's check payable to Riverside County. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in -lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial or industrial projects, 1/4% for new residential subdivisions, or 1/4% for new individual single-family residential units constructed on a lot located in an existing subdivision with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning Services and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. FINAL DESIGN A Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning Services, prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. All landscaping located within the public right of way or within community facilities districts must be approved by the Public Works Director and the Director of Parks and Recreation. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning Services prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down -lights shall be utilized. No lighting of the hillside is permitted. GENERAL CONDITIONS/CODE REQUIREMENTS n The Conditional Use Permit approval shall be valid for a period of two (2) years. Once constructed, the conditional use permit, provide all conditions of approval have been complied with, does not have a time limit. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 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. 10. 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. 11. 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. 12. All materials on the flat portions of the roof shall be earth tone in color. 13. All awnings shall be maintained and periodically cleaned. 14. 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(s). The exterior elevations and roof plans of the buildings 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" above the equipment for the purpose of screening. 15. No exterior downspouts shall be permitted on any facade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. 16. The design, height, texture and color of building(s), fences and walls shall be submitted for review and approval prior to issuance of building permits. 17. The street address numbering/lettering shall not exceed eight inches in height. 18. Details of pool fencing (material and color) and equipment area shall be submitted with final landscape plan. 19. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. 20. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 21. Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building. Electrical transformers must be located toward the interior of the project maintaining a sufficient distance from the frontage(s) of the project. Said transformer(s) must be adequately and decoratively screened. 22. The applicant shall provide all future buyers with Conditions of Approval of this project. Waste Disposal 23. Trash cans shall be screened from view and kept within fifty (50) feet of the street. POLICE DEPARTMENT Developer shall comply with Article II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 1. Prior to any construction on -site, all appropriate permits must be secured. FIRE Residential Smoke Detector Installation: Provide Residential Smoke Detectors. Detectors shall receive their primary power from the building wiring, and shall be equipped with a battery backup. (310.9.1.3 CBC) In new construction, detectors shall be arranged so that operation of any smoke detector causes the alarm in all smoke detectors within the dwelling to sound. (2-2.2.1 NFPA 72) 2. Premises Identification: Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. (901.4.4 CFC) 3, Mandatory Fire Sprinklers: Project is beyond a 5-minute response time from closest fire station and therefore requires an automatic fire sprinkler system. Only a C-16 licensed fire sprinkler contractor shall perform system design and installation. System to be designed and installed in accordance with NFPA standard 13D, 1999 edition, as modified by local ordinance. The contractor should submit fire sprinkler plans when the building plans are submitted. This allows concurrent review of the fire sprinkler and building plans. 4. Fire Flow: The estimated fire flow for this project is 1000 gallons per minute. BEETS Engineering Division recommends deferral of off -site improvement items 3 through 6 at this time due to lack of full improvements in the immediate area. The owner shall execute a street improvement covenant agreeing to construct all required street improvements 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, and shall be executed prior to approval of the Grading Plan or issuance of grading or building permits. A covenant preparation fee of $135 shall be paid by the applicant prior to issuance of any grading or building permits. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. Submit street improvement {Mans prepared by a Registered Civil Engineer to the Engineering Division. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. CRESTVIEW DRIVE *4. Construct a 6 inch curb and gutter, 18 feet south of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. *5. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance i with City of Palm Springs Standard Drawing No. 210. *6. Remove and replace existing pavement with a minimum pavement section of 2-1/2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to centerline along the entire Crestview Drive frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 303. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. 7. All broken or off grade street improvements shall be repaired or replaced SANITARY SEWER 8. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. GRADING 9. Submit cut and fill quantities to City Engineer to determine if a Grading Plan is required. If required, the Grading Plan shall be submitted to the Engineering Division for review and approval by the City Engineer prior to issuance of grading permit. If the earthwork quantity is less than 50 cubic yards, a formal grading plan is not required. To qualify for the exemption, a signed original written statement of design earthwork quantities from the owner (or design professional, prepared on company letterhead) shall be provided to the Engineering Division. Exemption of a formal Grading Plan reviewed and approved by the City Engineer does not exempt the applicant from a site grading plan that may be required from the Building Department, or any other requirement that may be necessary to satisfy the Uniform Building Code. 10. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Es Dust Control issues, please contact Elio Torrealba at AQMD at (909) 396-3752, or at etorrealba@a,4QMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Grading plan. 11. The first submittal of the Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report. 12. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (if required). The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE 13. The applicant shall accept and convey all stormwater runoff across the property and conduct the runoff to an approved drainage structure. On -site retention may be allowed on that portion of the property where historically, stormwater runoff is conveyed. All on -site grade slopes shall not be less than 0.5%. If onsite retention is utilized, retention basin calculations shall be provided to the City Engineer. GENERAL 14. Any utility trenches or other excavations within existing asphalt concrete pavement of off - site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. The developer shall be responsible for removing, grinding, paving, and/or overlaying existing asphalt concrete pavement of off -site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off -site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off -site streets, at the discretion of the City Engineer. The pavement condition of the existing off -site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development. 15. All proposed utility lines shall be installed underground. 16. All existing utilities shall be shown on the grading plan (if required). The existing and proposed service laterals shall be shown from the main line to the property line. 17. The record property owner shall enter into a covenant agreeing to underground all of the existing overhead utilities required by the Municipal Code in the future upon request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be executed and notarized by the property owner and submitted to the City Engineer prior to issuance of a grading permit. A current title report or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A covenant preparation fee of $135 shall be paid by the applicant prior to issuance of any grading or building permits. TRAFFIC 18. 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. K 0