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HomeMy WebLinkAboutPC Resolution _6273- Case 3.854 MAARESOLUTION NO.6273 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO. 3.854 — MAA TO ALLOW A REMODEL AND NEW 746-SQUARE FOOT ADDITION TO A HILLSIDE LOT LOCATED AT 1843 LEONARD ROAD, ZONE R-1-A, SECTION 3. WHEREAS, Phil Lumpkin and Bill Tedford ("Applicant") has filed an application with the City pursuant to Section 94.04.00 of the Zoning Ordinance for a remodel and construction of a 746-square foot master bedroom suite, and a 78-square foot den addition located at 1843 Leonard Road, Zone R-1-A, Section 3; and WHEREAS, on May 21, 2012, the Architectural Advisory Committee met and voted to recommend approval of the project to the Planning Commission; and WHEREAS, on June 11, 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: 1. 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 proposed 746-square foot room addition at the southwest corner of the existing house will maintain the same orientation, relationship and site layout as existing house. The revised site plan will correct an assumed property encroachment condition and building setback issue. The proposed project is Planning Commission Resolution No. 6273 Case 3.854 MAA June 13, 2012 Page 2 of 3 designed according to the requirements of the Uniform Building Code, and within the development standards of the City of Palm Springs Zoning Code (PSZC). Code (PSZC). 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 demolition and construction of a new master bedroom addition in a similar style and design as the original home will be compatible with the surrounding neighborhood. The new addition will conform to all required rear and side yard setbacks. 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, 0 The remodel and design of the addition to the existing house will utilize aluminum frame doors and windows; exterior walls painted a light gray color consistent through out the exterior will blend in with the desert surroundings. The elevation of the new addition will be similar in roof style, window sizes, and exterior materials as the existing home. 6. Consistency of composition and treatment; The building is consistent in style, colors and design features to other single-family residences in the Little Tuscany neighborhood. 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 existing parcel is heavily landscaped with mature trees, shrubs and ground vegetation to remain. The proposal to remove the existing pool to be replaced with future landscaping and other hardscape improvements will meet this finding. Planning Commission Resolution No. 6273 Case 3.854 MAA June 13, 2012 Page 3 of 3 NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Case No. 3.854 MAA, subject to the conditions of approval attached herein as Exhibit A. ADOPTED this 13th day of June 2012. AYES: 5, Roberts, Munger, Klatchko, Calerdine and Chair Donenfeld NOES: None ABSENT: 1, Conrad ABSTAIN: 1, Vice Chair Hudson ATTEST: r ' A, in CP Dir or of PI g Services G CITY OF PALM SPRINGS, CALIFORNIA EXHIBIT A 0 RESOLUTION NO. 6273 CITY OF PALM SPRINGS CONDITIONS OF APPROVAL CASE NO.3.854 MAA 1843 LEONARD ROAD JUNE 13, 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. 3.854 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. 0 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 N N RESOLUTION NO.6272 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO. 5.0845-PDD 262-AMEND, AN AMENDMENT TO PREVIOUSLY APPROVED FINAL PLANNED DEVELOPMENT PLANS FOR FIFTEEN VACANT LOTS WITHIN THE ESTANCIA DEVELOPMENT LOCATED AT 500 ACANTO WAY. WHEREAS, Far West Industries ("Applicant") has filed an application to amend the Final Development Plans of PD 262, Case No. 5.0845, involving modifications to the designs and architecture of single-family residences located within the Estancia development located at 500 Acanto Way, Zone R-1-13 1 PDD 262, Section 35; and WHEREAS, in accordance with Section 94.03.00(G) of the Zoning Code, the Planning Commission may approve minor architectural or site changes that do not affect the intent of the PD; and WHEREAS, on May 23, 2012, a public meeting on Case No. 5.0845 PDD 262 AMEND was held by the Planning Commission in accordance with applicable law; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) Guidelines, the proposed amendment has been determined to be a project subject to environmental analysis under CEQA; 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, a Mitigated Negative Declaration (MND) was previously adopted by the City Council on October 4, 2000 for the Estancia development. Pursuant to Section 15162 of the California Environmental Act (CEQA), the preparation of additional environmental documentation is not necessary because the proposed amendment will not change the circumstances related to the project. Furthermore, the amendment will not result in any new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Therefore, the proposed amendment could not result in any new environmental impacts beyond those already assessed in the previously adopted Mitigated Negative Declaration. Planning Commission Resolution No. 6272 Case No. 5.0846 PD 262 -- AMEND May 23, 2012 Page 2 of 2 Section 2: The use and density of the subject property remains the same and are not affected by the proposed changes. The architecture will consist of non - discrete shapes and forms. Custom colors and materials will be selected for each home. All homes will have a three car garage which is common in this community. The proposed front yard landscape will be similar to other desert landscapes in the community. Therefore, the minor architectural and site changes do not affect the intent of the PD. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Case No. 5.0845 PD❑ 262 — AMEND, subject to all Conditions set forth in Exhibit A of City Council Resolution 19917, and the following: 1. The rear yard wall 1 fence on Lot Nos. 17, 18, 19 and 20 is permitted at six feet in height as a combination of three foot block and three foot wrought iron. 2. Plan 3A shall not be constructed on Lot Nos. 6, 7, 8, 9 and 15. 3. Prior to issuance of Building Permit for Lot Nos. 17, 18, 19 and 20, the applicant shall submit a conceptual landscape plan for the rear yards of Lot Nos. 17, 18, 19 and 20. 4. Prior to final occupancy of Lot Nos. 17, 18, 19 and 20, the rear yard landscape shall be installed per the approved plan. ADOPTED this 23'd day of May 2012. AYES: 6, Calerdine, Munger, Conrad, Klatchko, Hudson and Chair Donenfeld NOES: 1, Roberts ABSENT: None ABSTAIN: None ATTEST: A wing CP Di or of Pla ni g Services CITY OF PALM SPRINGS, CALIFORNIA E0, Es RESOLUTION NO.6271 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA UPHOLDING THE DECISION OF THE DIRECTOR OF PLANNING SERVICES AND DENYING AN APPEAL BY MARY ESPER TO RE -ROOF FLAT PORTIONS OF HER RESIDENCE A TAN COLOR AT THE PROPERTY LOCATED 1855 WEST CRESTVIEW DRIVE, APN 513-363-038. WHEREAS, on April 18, 2012, the Planning Director approved a re -roof of the flat portions of the roof of a single-family residence located at 1855 West Crestview Drive, and required the roof color to be tan; and WHEREAS, on May 2, 2012, the property owner, Mary Esper, filed an appeal request of the Planning Director's decision; and WHEREAS, Sections 94.04.00(E)(2)(b) of the Palm Springs Zoning Code allows decisions by the Director of Planning Services to be appealed to the Planning Commission; and WHEREAS, on May 23, 2012, the Planning Commission conducted a public review of the appeal request, including all of the evidence presented in connection with the matter, including, but not limited to, the staff report prepared on the matter, and all written and oral testimony presented. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: That the decision by the Director of Planning Services to require a tan re -roof was justified based on the following: 1. Staffs decision to require a tan roof color was based on the guidelines of Section 94.04.00 "Architectural Review" of the Zoning Code; specifically, subsection (D)(4) states, "Building design, materials and colors to be sympathetic with desert surroundings." A white color roof is too reflective and not sympathetic with the desert surroundings. 2. The Planning Commission's direction has more recently been to require tan or beige roofs. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby rejects the appeal and upholds the decision of the Director of Planning Services for the re -roof to an off-white color at the property located at 1855 West Crestview Drive. ADOPTED this 23'd day of May 2012. AYES: 7, Conrad, Roberts, Munger, Klatchko, Calerdine, Hudson and Chair Donenfeid NOES: None ABSENT: None ABSTAIN: None ATTEST: ig ing, #PP Director of Planning Services CITY OF PALM SPRINGS, CALIFORNIA x