HomeMy WebLinkAboutPC Resolution _6305- Case 6.527 VARRESOLUTION NO. 6305
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING
A VARIANCE TO ALLOW A THREE FOOT SIDE YARD
SETBACK FOR THE CONSTRUCTION OF A 241-SQUARE
FOOT ONE -CAR GARAGE FOR A SINGLE FAMILY
RESIDENCE LOCATED AT 1948 SOUTH BARONA ROAD
WHEREAS, Paul Hryn ("the applicant") has filed a request for a variance to Zoning
Code, Section 92.01.03(C)(2)(a), to reduce the required side yard setback from six feet
to three feet for the construction of a 241-square foot one -car garage for the property
located at 1948 South Barona Road, Zoned R-1-B, Section 25; and
WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm
Springs to consider Case No. 6.527 VAR, a Variance Application was given in
accordance with applicable law; and
WHEREAS, on December 12, 2012, a public hearing on a request for a variance to
Zoning Code, Section 92.01.03(C)(2)(a), 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 meeting 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 94.06.00 (Variance) of the Palm Springs Zoning Code,
the Planning Commission finds that:
1. Because of special circumstances applicable to subject property, including size,
shape, topography, location or surroundings, the strict application of the Zoning
Code would deprive subject property of privileges enjoyed by other properties in
the vicinity and under identical zone classification.
Planning Commission Resolution No. 6305
6,527 VAR
December 12, 2012
Page 2 of 3
The subject property is located within the R-1-13 (Single Family Residential) Zone
and is defined as an interior lot. The development standards for an interior
parcel within the R-1-13 Zone are compared to the subject property in Table 1
below:
Table 1: R-1-13 Lot Standards and Subject Property Lot Standards
R-1-B Standard
Subject Property
Lot Width
120 feet
60 feet
Lot Depth
120 feet
166 feet
Lot Area
15,000 square feet
8,211 square feet
Table 1 above shows that the subject property is substandard in the required lot
width and overall lot area. The parcel was originally platted in 1938 and has
remained a lot of record and is considered non -conforming. The PSZC allows for
exceptions to the required yard setbacks for non -conforming lots.
Table 2: R-1-13 Setback Standards and Subiect Property Setback Standards
R-1-B Standard
Subject Proeerty
Front Yard
25 feet
20 feet
North Side Yard
6 feet
6 feet
South Side Yard
6 feet
13 feet
Rear Yard
15 feet
71 feet
The PSZC allows lots substandard in width to have a side yard setback of not
less than ten (10) percent of the width of the lot. The subject lot width is sixty (60)
feet resulting in a side yard setback of six (6) feet.
The Palm Springs Zoning Code (PSZC) Section 93.06.00(D)(29)(a) requires that
single-family residences provide two (2) covered parking spaces. In addition
93.06.00(B)(3)(a) of the Palm Springs Zoning Code (PSZC) requires that
buildings with insufficient off-street parking shall not be expanded unless covered
parking is provided. The strict application of the Zoning Code would deprive the
subject property of privileges enjoyed by other properties in the vicinity and under
identical zone classification due to its size and location.
2. Any variance granted shall be subject to such conditions as will assure that the
adjustment thereby authorized shall not constitute a grant of special privilege
inconsistent with the limitations upon other properties in the vicinity and zone in
which subject property is situated.
The subject property is a substandard lot which is similar in size to neighboring
properties. The lot is part of seven parcels first platted in 1938 fronting Barona
Road south of East Morongo Road. Each of these parcels is similar in size with
sixty feet (60) lineal street frontage by one hundred sixty (160) feet of depth. The
adjacent property at 1958 South Barona Road previously received an
Administrative Minor Modification (AMM) Case 7.1379 for a reduction to the rear
yard setback for new construction. The surrounding non -conforming lots have
Planning Commission Resolution No. 6305
6.527 VAR
December 12, 2012
Page 3 of 3
been granted several setback reductions and the current request will not grant
special privilege inconsistent with other properties. Staff considers this finding
has been met.
3. The granting of the variance will not be materially detrimental to the public health,
safety, convenience or welfare or injurious to property and improvements in the
same vicinity and zone in which subject property is situated.
The variance will allow a side yard setback of three (3) feet. Condition of
Approval Number Number BLD 1 requires that the applicant obtain all of the
proper building permits for the structure. Therefore, the project is unlikely to be
materially detrimental to the public health, safety, convenience, or welfare or
injurious to property and improvements in the same vicinity and zone in which the
subject property is situated.
4. The granting of such variance will not adversely affect the general plan of the
City.
The neighborhood in which the site is located has a Very Low Density
Residential (2.1 — 4.0 du/ac) General Plan designation. The purpose of this land
use designation is to accommodate various types of low -density residential
development, including traditional -single family homes. The Very Low Density
Residential threshold is 2.1 dwelling units per acre and maximum density is 4.0
dwelling units per acre. The use, a single family residence, is consistent with the
General Plan. A setback reduction for the construction of a one -car garage will
not adversely affect the general plan of the city.
NOW, THEREFORE, BE IT RESOLVED that based upon the foregoing, the Planning
Commission approves the request for a variance to Zoning Code, Section
92.01.03(C)(2)(a) to reduce the required side yard setback from six feet to three feet for
the construction of a 241-square foot one -car garage for property located at 1948 South
Barona Road, subject to the conditions of approval attached herewith as Exhibit A.
ADOPTED this 121" day of December 2012.
AYES: 7, Weremuik, Vice Chair Hudson, Munger, Klatchko, Roberts, Calerdine
and Chair Donenfeld
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
I ing, P
Dir r of Plann g Services
CITY OF PALM SPRINGS, CALIFORNIA
RESOLUTION NO.6305
EXHIBIT A
Case No. 6.527 — VAR
1948 South Barona Road
December 12, 2012
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 6.527
VAR, which allows for a side yard setback of three feet for the construction of
a 241-squre foot one -car garage per the approved site plan. The property
owner shall maintain, at all times, a clear path of five feet along the side yard
for emergency access purposes.
ADM 2. The site shall be developed and maintained in accordance with the approved
plans, date stamped December 12, 2012, which includes the site plan on file
in the Planning Division except as modified by conditions below.
ADM 3. 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. 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
Palm Springs, its legislative body, advisory agencies, or administrative
officers concerning Case 6.527 VAR. The City of Palm Springs will promptly
1#1
Resolution No. 6305
Conditions of Approval
Case 6.527 VAR — 1948 South Barona Road
Page 2 of 3
December 12, 2012
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.
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. The time limit for commencement of construction /
legalizing the structure shall be two (2) years from the effective date of
approval. Extensions of time may be granted by the Planning Commission
upon demonstration of good cause. Such extensions shall be requested in
writing and received prior to expiration of original approval.
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.
ADM 9. Public Art Fees. 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 projects or 1/4% for residential projects 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 and Zoning 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.
Resolution No. 6305
Conditions of Approval Page 3 of 3
Case 6.527 VAR —1948 South Barona Road December 12, 2012
PLANNING DEPARTMENT CONDITIONS
PLN 1. Outdoor Lighting Conformance. Exterior lighting shall conform to Section
93.21.00, Outdoor Lighting Standards, of the Palm Springs Zoning Code.
PLN 2. Screen Roof -mounted Equipment. All roof mounted mechanical equipment
shall be screened per the requirements of Section 93.03.00 of the Zoning
Code.
BUILDING DEPARTMENT CONDITIONS
BLD 1. The applicant shall obtain all appropriate building permits to legalize the non -
permitted structure(s) on the property.
END OF CONDITIONS
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