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HomeMy WebLinkAboutPC Resolution _6266- Case 3.1067 MAARESOLUTION NO. 6266 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO. 3.1067 — MAA TO ALLOW CONSTRUCTION OF A 590 SQUARE FOOT TWO -CAR GARAGE ON A HILLSIDE LOT LOCATED AT 2390 SOUTH ARABY DRIVE, ZONE R-1-13, SECTION 25. WHEREAS, Natalino A. Filippini ("Applicant") has filed an application with the City pursuant to Section 94.04.00 of the Zoning Ordinance for a 590 square foot two -car garage replacing existing carports located at 2390 South Araby Drive, Zone R-1-13, Section 25; and WHEREAS, on April 9, 2012, the Architectural Advisory Committee met and voted to recommend approval of the project to the Planning Commission; and WHEREAS, on May 9, 2012, 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, The location of the new garage replacing three existing carports will maintain the same orientation and relationship with the existing house and site layout. The proposed project is designed according to the requirements of the Uniform Building Code, and within the development standards of the City of Palm Springs Zoning Planning Commission Resolution No. 6266 Case 3.1067 MAA Code (PSZC). May 9, 2012 Page 2 of 2 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 proposed garage will be compatible with the surrounding neighborhood uses constructed of the same building material as the existing house and same location as existing carports. The size of the garage will meet the required dimensions of twenty feet by twenty feet. 3. Building design, materials and colors to be sympathetic with desert surroundings, - AND 4. Harmony of materials, colors and composition of those elements of a structure, including overhangs, roofs, and substructures which are visible simultaneously, AND 5. Consistency of composition and treatment, The new garage will be constructed of stucco, and wood painted to match; it will be similar in style and design as the existing house. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Case No. 3.1067 MAA, subject to the conditions of approval attached herein as Exhibit A. ADOPTED this 9th day of May 2012. AYES: 7, Calerdine, Munger, Conrad, Klatchko, Roberts, Hudson and Chair Donenfeld NOES: None ABSENT: None ABSTAIN: None ATTEST: _7� 1 z r wing, A P Director of Plann Services CITY OF PALM SPRINGS, CALIFORNIA '00 N A EXHIBIT A RESOLUTION NO. 6266 CITY OF PALM SPRINGS CONDITIONS OF APPROVAL CASE NO.3.1067 MAA 2390 SOUTH ARABY DRIVE MAY 9, 2012 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. ADMINISTRATIVE 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 No. 3.1067 MAA 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. GENERAL CONDITIONS/CODE REQUIREMENTS 3. 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. 4. The appeal period for a Major Architectural Application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. BUILDING DEPARTMENT Prior to any construction on -site, all appropriate permits must be secured. END OF CONDITIONS H 2