Loading...
HomeMy WebLinkAboutPC Resolution _6105-Case 3.3396 MAARESOLUTION NO. 6105 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO. 3.3396 MAA FOR A HOUSE REMODEL INCLUDING THE CONSTRUCTION OF A 213 SQUARE FOOT ADDITION AND A 530 SQUARE FOOT CASITA TO A SINGLE-FAMILY RESIDENCE FOR THE PROPERTY LOCATED AT 1951 SOUTH CAMINO MONTE, ZONE R-1-13, SECTION 27, APN 513-400-002. WHEREAS, Kim and Marls Dempster ("Applicant') has fled an application with the City pursuant to Section 94.04.00 of the Zoning Ordinance for a house remodel that will include a 213-square foot addition and a 530-square foot casita to a single-family dwelling located at 1951 S. Camino Monte, Zone R-1-13, Section 27; and WHEREAS, on November 23, 2009, the Architectural Advisory Committee met and voted to recommend approval of the project to the Planning Commission; and WHEREAS, on December 9, 2009, a public meeting 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 (single-family residence) 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 California Environmental Quality Act (CEQA Guidelines, the proposed project is Categorically Exempt under Section 15303(a) (New Single- family residence). Section 2: Pursuant to Section 94.04.00 of the Palm Springs Zoning Code, the Planning Commission finds: 9. Site layout, orientation, location of structures and relationship to one another and to open spaces and topography. Definition of pedestrian and vehicular areas,- i.e., sidewalks as distinct from parking areas; Access to the proposed project is designed according to the requirements of the Uniform Building Code, and within the development standards of the City of C10 Planning Commission Resolution No. 6105 Case 3.3396 NIAA December 9, 2009 Page 2 of 4 Palm Springs Zoning Code (PSZC). The building occupies approximately 9.9% of the lot including the existing house, new addition and casita. 2. Harmonious relationship with existing and proposed adjoining developments and in the context of the immediate neighborhood community, avoiding both excessive variety and monotonous repetition, but allowing similarity of style, if warranted, The surrounding properties are developed with single-family residences. The project creates a visual harmony within the neighborhood, through use of post and beam contemporary architectural style. The addition of the casita in the similar style of the existing house will not be detrimental to the surrounding neighborhood. 3. Maximum height, area, setbacks and overall mass, as well as parts of any structure (buildings, walls, screens towers or signs) and effective concealment of all mechanical equipment, - The maximum height of the proposed project is 19 feet measured from the casita foundation. Pursuant to Section 94.06.01(A)(8) of PSZC, hillside properties have a maximum allowable height of 30 feet but require an approval of an Administrative Minor Modification maximum height allowed. The proposed building height would be compatible with the heights found in other hillside residences and with the existing topography. 4. Building design, materials and colors to be sympathetic with desert surroundings, AND 5. Hannony of materials, colors and composition of those elements of a structure, including overhangs, roofs, and substructures which are visible simultaneously, AND 6. Consistency of composition and treatment, The existing residence including the new casita and addition is of a post and bean style consisting of one main house, casita and pool. The new addition will contain the same flat lines as the existing house; the casita will have its own distinct architecture consisting of a foundation utilizing the same tile, and wall cladding as the existing house. The use of "pure white" as an exterior color will be harmonious with the desert setting when taken in context with other building materials. The use of black tile wall cladding combined with existing large slider doors, native stone walls, and the conversion of the garage into a carport providing visual relief diminishing the presence of "pure white". Ee W IN Planning Commission Resolution No 6105 Case 3.3396 MAA December 9, 2009 Page 3 of 4 7. Location and type of planting, with regard for desert climate conditions. Preservation of specimen and landmark trees upon a site, with proper irrigation to insure maintenance of all plant materials; The undeveloped portion of the lot can be considered as mountain with steep slopes rocks and desert vegetation. The proposed landscape plan includes the preservatiori of several mature palm trees plus the addition of a variety of water - efficient trees and plants which are located in a manner that conforms to the topography of the site. Section 3: Pursuant to Section 94.06.01 of the Palm Springs Zoning Code, the Planning Commission finds: 1. The requested minor modification is consistent with the general plan, applicable specific plan(s) and overall objectives of the zoning ordinance; There is no General Plan Policy that would be adversely affected by this modification nor are their any specific plans associated with this property. The Palm Springs Zoning Code (PSZC), Section 94.06.01(A)(5) and 94.06.01(A)(8) specifically allows for the requests. 2. The neighboring properties will not be adversely affected as a result of the approval or conditional approval of the minor modification, The location of the proposed casita will not adversely affect neighboring properties as it is situated at the southern end of the parcel adjacent to a vacant lot. The adjacent lot sharply slopes away from the proposed casita location. In addition, the City of Palm Springs has vacated the extension of South Camino Monte ensuring that this parcel will be the terminus of the street. 3. The approval or conditional approval of the minor modification will not be detrimental to the health, safety, or general welfare of persons residing or working on the site or in the vicinity, All building and renovations will be built to the Uniform Building Code, and Palm Springs Zoning Code as modified by this Administrative Minor Modification, and Fire Code. 4. The approval of the minor modification is justified by environmental features, site conditions, location of existing improvements, or historic development patterns of the property or neighborhood. Planning Commission Resolution No. 6105 December 9, 2009 Case 3.3396 MAA Page 4 of 4 The casita will be constructed on the southern end of the property on an existing flat pad area adjacent to sharply sloping terrain. The foundation of the casita will be dug into the hillside with the east foundation exposed. The height of the casita from grade to top of roof will be 19 feet. The increase in height allows for the casita to be built on the same plane as the existing structure. This construction method will minimize the impact to the hillside or significant slope area. Therefore, the approval of the minor modification is justified by existing environmental features. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Case No. 3.3396 MAA and AMM, subject to the conditions of approval attached herein as Exhibit A. ADOPTED this 9" day of December, 2009. AYES: 6, Donenfeld, Hudson, Munger, Scott, Caffery and Cohen NOES: None. ABSENT: 1, Conrad ABSTAIN: None. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA i A ing, AI Director of Plan ng Services N RESOLUTION NO.6105 EXHIBIT A Case 3.3396 Dempster Residence 1951 South Camino Monte December 9, 2009 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 Director of Building and Safety, 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 1. The roof color on the main house will be tan or beige as specified by the Planning Commission. Added by Planning Commission at 121912009 meeting 2. The casita roof will be of a tan or beige color as specified by the Planning Commission. Added by Planning Commission at 121912009 meeting ADMINISTRATIVE CONDITIONS ADM1 Project Description. This approval is for the project described per Case 3.3396; except as modified with the approved Mitigation Monitoring Program and the conditions below; ADM2 The site shall be developed and maintained in accordance with the approved plans, date stamped December 9, 2009, including site plans, architectural elevations, exterior materials and colors, landscaping, and grading on file in the Planning Division except as modified by the approved Mitigation Measures and conditions below. ADM3 The project shall conform to the conditions contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other City County, State and Federal Codes, ordinances, resolutions and laws that may apply. Resolution No. 6105 Conditions of Approval Case 3.3398 MAA— 1951 S. Camino Monte ADM4 The Director of Planning or designee project description and approved plan the Palm Springs Zoning Code. Page 2 of 9 December 9, 2009 s may approve minor deviations to the in accordance with the provisions of 0 ADM5 Indemnification. 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 3.3396. 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 judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. ADM6 Maintenance and Repair. The property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation all structures, 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 in the recorded covenant agreement for the property if required by the City. ADM7 Time Limit on Approval. Commencement of use or construction under this Architectural Approval shall be within two (2) years from the effective date of approval. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. ADM8 Right to Appeal. Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accordance with Municipal Code Chapter 2.05.00. Permits will not be issued until the appeal period has concluded. Resolution No. 6105 Conditions of Approval Page 3 of 9 Case 3.3398 MAA — 1951 S. Camino Monte December 9, 2009 ENVIRONMENTAL ASSESSMENT CONDITIONS ENV1 Coachella Valley Multiple -Species Habitat Conservation Plan CVMSHCP Local Development Permit Fee (LDMF) required. All projects within the City of Palm Springs are subject to payment of the CVMSHCP LDMF prior to the issuance of certificate of occupancy. ENV2 Notice of Exemption. The project is exempt from the California Environmental Quality Act (CEQA); therefore, an administrative fee of $64 shall be submitted by the applicant in the form of a money order or a cashier's check payable to the Riverside County Clerk within two business days of the Commission's final action on the project. This fee shall be submitted by the City to the County Clerk with the Notice of Exemption. Action on this application shall not be considered final until such fee is paid (projects that are Categorically Exempt from CEQA). PLANNING DEPARTMENT CONDITIONS PLN 1. Water Efficient Landscaping Conformance. The project is subject to the Water Efficient Landscape Ordinance (Chapter 8.60.00) of the Palm Springs Municipal Code. The applicant shall submit a landscape and irrigation plan to the Director of Planning for review and approval prior to the issuance of a building permit. Landscape plans shall be wet stamped and approved by the Riverside County Agricultural Commissioner's Office prior to submittal. Refer to Chapter 8.60 of the Municipal Code for specific requirements. PLN 2. Palm Tree Requirement. In accordance with Planning Commission Resolution No. 1503, dated November 18, 1970, the developer is required to plant Washingtonia Fillifera (California Fan) palm trees (14 feet from ground to fronds in height) 60 feet apart along the entire frontage of Palm Canyon Drive and/or Tahquitz Canyon Way median. (for projects on Palm Canyon or Tahquitz Canyon Way). PLN 3. Maintenance of Awnings & Projections. All awnings shall be maintained and periodically cleaned PLN 4. Screen Roof -mounted Equipment. All roof mounted mechanical equipment shall be screened per the requirements of Section 93.03.00 of the Zoning Ordinance. PLN 5. Surface Mounted Downspouts Prohibited. No exterior downspouts shall be permitted on any facade on the proposed building(s) that are visible from adjacent streets or residential and commercial areas. Resolution No. 6105 Conditions of Approval Case 3.3398 MAA -- 1951 S. Camino Monte Page 4 of 9 December 9, 2009 PLN 6. Pool Enclosure Approval Required. Details of fencing or walls around pools (material and color) and pool equipment areas shall be submitted for approval by the Planning Department prior to issuance of Building Permits. PLN 7. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. PLN 8. Outside Storage Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. PLN 9. No off -site Parking. Vehicles associated with the operation of the proposed development including company vehicles or employees vehicles shall not be permitted to park off the proposed building site unless a parking management plan has been approved. PLN 10. Project will be considered complete upon the approval of an Administrative Minor Modification for the height of the house on a hillside lot according to Section 93.13.00 of the City of Palm Springs Zoning Ordinance. X BUILDING DEPARTMENT CONDITIONS BLD 1. Prior to any construction on -site, app appropriate permits must be secured. ENGINEERING DEPARTMENT CONDITIONS CAMINO MONTE (PRIVATE) ENG 1. All broken or off grade street improvements shall be repaired or replaced. SANITARY SEWER ENG 2. The applicant is advised that a public sewer main is available for use by this property. ENG 3. In accordance with Palm Springs Municipal Code Chapter 15.14.020 (b) 4, existing buildings with private sewage disposal systems previously exempted from connection to the public sewer under said code, shall be required to connect to the public sewer when public sewer is available within 500 feet of the property to be served and either of the following conditions occurs: the private sewer system fails; or expansion or reconstruction of the private sewer O system is necessary. Resolution No. 6105 Conditions of Approval Case 3.3398 MAA - 1951 S. Camino Monte Page 5 of 9 December 9, 2009 ENG 4. The project is subject to a sewer assessment fee of $146.19 per lot for construction of the 15" sewer main in Avenida Granada, Calle Palo Fierro and Laverne Way. The fee shall be paid prior to issuance of the building permit. ENG 5. The applicant is advised that this property is subject to a sewer assessment fee of $6,255.00 in accordance with the terms of the Sewer Construction Refund Agreement between the City of Palm Springs and Bernard A. and Mary M. Guentner, Sewer Agreement No. 4726. The fee shall be paid prior to issuance of a building permit for connection to the public sewer main. GRADING ENG 6. 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 California Building Code. 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 anftr 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 has 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" Dust Control issues, please contact AQMD at (909) 396-3762, or at http://www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Resolution No. 6105 Conditions of Approval Case 3.3398 MAA-1951 S. Camino Monte Page 6 of 9 December 9, 2009 Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Grading plan. b) 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; and a copy of Soils Report. ENG 7. Prior to approval of a Grading Plan (or issuance of a Grading Permit), the applicant shall obtain written approval to proceed with construction from the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist. The applicant shall contact the Tribal Historic Preservation Officer or the Tribal Archaeologist at (760) 699-6800, to determine their requirements, if any, associated with grading or other construction. The applicant is advised to contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as possible. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during grading or other construction, and to arrange payment of any required fees associated with Tribal monitoring. ENG 8. In accordance with an approved PM-10 Dust Control Plan, perimeter fencing shall be installed. Fencing shall have screening that is tan in color; green screening will not be allowed. Perimeter fencing shall be installed after issuance of Grading Permit, and immediately prior to commencement of grading operations. ENG 9. Perimeter fence screening shall be appropriately maintained, as required by the City Engineer. Cuts (vents) made into the perimeter fence screening shall not be allowed. Perimeter fencing shall be adequately anchored into the ground to resist wind loading. ENG 10. Within 10 days of ceasing all construction activity and when construction activities are not scheduled to occur for at least 30 days, the disturbed areas on -site shall be permanently stabilized, in accordance with Palm Springs Municipal Code Section 8.50.022. Following stabilization of all disturbed areas, perimeter fencing shall be removed, as required by the City Engineer. ENG 11. A Geotechnical/Soils Report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the GeotechnicallSoils Report shall be submitted to the Engineering Division with the first submittal of a grading plan. ENG 12. The applicant shall provide all necessary geotechnicallsoils inspections and testing in accordance with the GeotechnicallSoils Report prepared for the project. All backfill, compaction, and other earthwork shown on the approved Resolution No. 6105 Conditions of Approval Page 7 of 9 Case 3.3398 MAA — 1951 S. Camino Monte December 9, 2009 0 grading plan shall be certified by a California registered geotechnical or civil engineer, certifying that all grading was performed in accordance with the Geotechnical/Soils Report prepared for the project. Documentation of all compaction and other soils testing are to be provided. No certificate of occupancy will be issued until the required certification is provided to the City Engineer. ENG 13. 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 of 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 ENG 14. All stormwater runoff across the property shall be accepted and conveyed in a manner acceptable to the City Engineer and released to an approved drainage system. Stormwater runoff may not be released directly to the adjacent streets without first intercepting and treating with approved Best Management Practices (BMP's). GENERAL ENG 15. 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. 116. 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. ENG 16. All proposed utility lines shall be installed underground. Resolution No. 6105 Conditions of Approval Page 8 of 9 Case 3.3398 MAA — 1951 S. Camino Monte December 9, 2009 ENG 17. All existingutilities shall be shown on the improvement plans required for the ID p p q project. The existing and proposed service laterals shall be shown from the main line to the property line. ENG 18. Upon approval of any improvement plan by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. ENG 19. The original improvement plans prepared for the proposed development and approved by the City Engineer (if required) shall be documented with record drawing "as -built" information and returned to the Engineering Division prior to issuance of a final certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. ENG 20. 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 Zoning Code Section 93.02.00, D. TRAFFIC ENG 21. Construction signing, lighting and barricading shall be provided during all phases of construction 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 Part 6 "Temporary Traffic Control" of the California Manual on Uniform Traffic Control Devices for Streets and Highways, dated September 26, 2006, or subsequent editions in force at the time of construction. FIRE DEPARTMENT CONDITIONS FID 1. These conditions are subject to final plan check and review. Additional requirements may be required at that time based on revisions to site plans. FID 2. Fire Department Conditions were based on the 2007 California Fire Code. Four complete sets of plans for private fire service mains, fire alarm, or fire sprinkler systems must be submitted at time of the building plan submittal. FID 3. Buildings and Facilities (CFC 503.1.1): Approved fire apparatus access roads shall be provided for every facility, building or portion of a building Resolution No. 6105 Conditions of Approval Case 3.3398 MAA — 1951 S. Camino Monte Page 9 of 9 December 9, 2009 hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet (45 720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. FID 4. Premises Identification (CFC 505.1): New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from -the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4" high with a minimum stroke width of 0.5". FID 5. Operational Fire Hydrant(s) (CFC 508.1, 508.5.1 & 1412.1): Operational fire hydrant(s) shall be installed within 250 feet of all combustible construction. They shall be installed and made serviceable prior to and during construction. No landscape planting, walls, or fencing is permitted within 3 feet of fire hydrants, except ground cover plantings. Hydrant #2032 meets this requirement. FID 6. Fire Flow (CFC 508.3): Fire flow requirements for buildings or portions of buildings and facilities are estimated to be 1,000 GPM based on Appendix B of the 2007 CFC. FID 7. Residential Smoke Alarms (CFC 907.2.10): Provide residential single and multiple -station smoke alarms which shall receive their primary power from the building wiring, and shall be equipped with a battery backup. In new construction, alarms shall be interconnected. END OF CONDITIONS 191 w m