HomeMy WebLinkAboutPC Resolution _6171- Case 3.2664 MAA & 7.1349 AMMRESOLUTION NO. 6171
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING CASE NO. 3.2664 MAA & 7.1349 AMM, TO
ALLOW CONSTRUCTION OF A TWO STORY ADDITION
TO A SINGLE-FAMILY RESIDENCE; TO ALLOW AN
INCREASED BUILDING HEIGHT AND REDUCED FRONT
YARD SETBACK, FOR THE HILLSIDE PROPERTY
LOCATED AT 3130 BARONA ROAD.
WHEREAS, Casey Colley and Jose Mendez ("Applicants") have filed an application
with the City pursuant to Section 94.04.00 and 94.06.01 of the Zoning Ordinance for
architectural approval to convert an existing two -car garage and one -car garage into
living space, and construct a two story addition containing an extended two car garage
on the first floor and living space and a balcony on the second floor for the hillside
property located at 3130 Barona Road; the request also includes an AMM application to
increase the building height to twenty-three feet, six inches, and reduce the front yard
setback to twenty-two feet; APN: 513-190-030 and 513-190-034, Zone R-1-13, Section
35; and
WHEREAS, on November 22, 2010, the Architectural Advisory Committee met and
voted to recommend approval of the project to the Planning Commission; and
WHEREAS, on January 12, 2011, a public meeting on the applications were 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 project is Categorically Exempt per Section 15301(e)(1)(additions under 2500
square feet, or additions which do not increase floor area by more than 50%, whichever
is less).
Section 2: Pursuant to Section 94.04.00 of the Palm Springs Zoning Code, the
Planning Commission finds:
if
Planning Commission Resolution No. 6171
Case 3.2664 MAA & 7.1349 AMM
January 12, 2011
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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;
The proposed addition will have a harmonious relationship with the
existing house and site topography. The addition will be above the
existing garage and adjacent to the existing home.
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 zoned for single-family residences and
open space. The property is located at the end of a street and at the foot
of the mountain slope. Therefore, the proposed second story addition will
not impact adjoining property's views or privacy
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 additions do not exceed the maximum height of thirty feet for hillside
properties, and the addition is outside all setback areas. The overall mass
of the addition is not excessive since it is only five feet, six inches above a
typical eighteen foot high single-family residence. Furthermore, the
second story is less than six hundred square feet in size.
4. Building design, materials and colors to be sympathetic with desert
surroundings;
5. Harmony 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 incorporates a modern influence with simple lines
and geometric shapes. The proposed addition will include a similar
design and use the same materials, textures and colors as the existing
building. Solar protection above the glass windows and doors will be
provided by individual overhangs.
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,
Planning Commission Resolution No. 6171
Case 3.2664 MAA & 7.1349 AMM
January 12, 2011
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All existing landscaping on the site will remain. No other changes are
proposed as part of this application.
Section 3: Pursuant to Section 94.06.01 (Administrative Minor Modifications) of the
Palm Springs Zoning Code, the Planning Commission finds that:
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 there any specific plans associated with this
property. The Palm Springs Zoning Code, Section 94.06.01(A)(8),
specifically allows a building height increase to thirty feet and a reduction
of front yards to no less than ten feet.
2. The neighboring properties will not be adversely affected as a result of
the approval or conditional approval of the minor modification,
The subject property is located on the east side of Barona Road near the
end of the street. At the rear of the subject property is the toe -of -slope to
the adjacent mountains, which rise substantially easterly of the site. An
increase in building height of five feet, six inches and a front yard setback
reduction from twenty-five feet to twenty-two feet is an insignificant impact
to the site and adjacent areas. Therefore, it is concluded that there will be
no adverse affect to the surrounding properties by the proposed addition.
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;
The proposed project will not be detrimental to the health, safety or
general welfare of persons residing or working on the site and vicinity
since adequate provisions have been made through imposed conditions.
These conditions include requirements that the building be built to the
standards of the Uniform Building Code and PSZC.
4. The approval of the minor modification is justified by environmental
features, site conditions, location of existing improvements, or historic
development pattems of the property or neighborhood.
The subject parcel contains a significant amount of sloped mountainous
areas on the easterly and northerly portions of the site. The remainder of
the property is generally flat with some downward slope towards the
I
Planning Commission Resolution No. 6171
Case 3.2664 MAA S 7.1349 AMM
January 12, 2011
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northwesterly corner. The existing residence is located centrally towards
the front of the property and the proposed addition will be located on a flat
portion of the site. This minimizes the impact to the hillside areas and
allows for an expansion of the residence on a lower portion of the site.
Therefore, the approval of the minor modification is justified by existing
environmental features and location of existing improvements.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby approves Case Nos. 3.2664 MAA and 7.1349 AMM, subject to the
conditions of approval attached herewith as Exhibit A.
ADOPTED this 121h day of January 2011.
AYES: 5, Klatchko, Hudson, Munger, Donenfeld and Scott
NOES: None
ABSENT: 2, Caffery and Conrad
ABSTAIN: None
ATTEST:
A. wing, A
Dir r of PI ni Services
CITY OF PALM SPRINGS, CALIFORNIA
N
O
RESOLUTION NO. 6171
EXHIBIT A
Case 3.2664 MAA & 7.1349 AMM
Colley and Mendez Addition
3130 Barona Road
January 12, 2011
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.
ADMINISTRATIVE CONDITIONS
ADM 1. Project Description. This approval is for the project described per Case
3.2664 MAA and 7.1349 AMM, except as modified by the conditions below.
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the approved plans, including site plans, architectural
elevations and exterior materials and colors on file in the Planning Division,
except as modified by the conditions below.
ADM 3. Conform to all Codes and Regulations. 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.
ADM 4. Minor Deviations. The Director of Planning or designee may approve minor
deviations to the project description and approved plans in accordance with
the provisions of the Palm Springs Zoning Code.
ADM 5. 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
0 Palm Springs, its legislative body, advisory agencies, or administrative
officers concerning Case 3.2664 MAA & 7.1349 AMM. The City of Palm
Springs will promptly notify the applicant of any such claim, action, or
Resolution No. 6171
Conditions of Approval
Case 3.2664 MAA & 7.1349 AMM Addition
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January 12, 2011
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.
ADM 6. 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.
ADM 7. Time Limit on Approval. Approval of Architectural Applications is valid for a
period of two (2) years from the effective date of the approval. Extensions of
time may be granted by the Planning Commission upon demonstration of
good cause.
ADM 8. 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.
PLANNING DEPARTMENT CONDITIONS
PLN 1. Outdoor Lighting Conformance. Any nonincandescent light source shall not
be visible from off the property and shall be so arranged to reflect light away
from adjoining properties and streets. No lighting of hillsides is permitted.
PLN 2. Flat Roof Requirements. Roof materials on flat roofs must conform to
California Title 24 thermal standards for "Cool Roofs". Such roofs must have
a minimum initial thermal emittance of 0.75 and minimum initial solar
reflectance of 0.70. Only matte (non-specular) roofing is allowed in colors
such as off-white, beige or tan.
Resolution No. 6171
Conditions of Approval
Case 3.2664 MAA & 7.1349 AMM Addition
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January 12, 2011
PLN 3. Screen Roof -mounted E ui ment. All roof mounted mechanical equipment
shall be screened per the requirements of Section 93.03.00 of the Zoning
Code.
PLN 4. 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.
PLN 5. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of
signalization will be permitted, except approved alarm systems.
PLN 6. Outside Storage Prohibited. No outside storage of any kind shall be
permitted except as approved as a part of the proposed plan.
POLICE DEPARTMENT CONDITIONS
POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security
Codes" of the Palm Springs Municipal Code.
BUILDING DEPARTMENT CONDITIONS
BLD 1. Prior to any construction on -site, all appropriate permits must be secured.
END OF CONDITIONS
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