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HomeMy WebLinkAboutPC Resolution _6316- Case 3.3620 MAARESOLUTION NO. 6316 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO. 3.3620 — MAA TO ALLOW CONSTRUCTION OF AN ATTACHED 884-SQUARE FOOT THREE -CAR GARAGE ON A HILLSIDE LOT LOCATED AT 2211 NORTH VISTA DRIVE, ZONE R-1-13, SECTION 3. WHEREAS, William Nicholson ("Applicant") has filed an application with the City pursuant to Section 94.04.00 of the Zoning Ordinance for the construction of an attached 884-square foot three -car garage and building repaint located at 2211 North Vista Drive, Zone R-1-15, Section 3; and WHEREAS, on January 22, 2013, the Architectural Advisory Committee met and voted to recommend approval of the project to the Planning Commission; and WHEREAS, on February 13, 2013, 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 attached 884-square foot three -car garage in the northwest corner of the lot will maintain the same orientation, relationship and site layout as the existing house. The new garage will meet all setback requirements and will not require alterations to the existing topography. The proposed project is Planning Commission Resolution No. 6316 Case 3.3620 MAA February 13, 2013 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). 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 or remain vacant parcels. The construction of a new attached 884-square foot three -car garage in a similar style and design as the original home will be compatible with the surrounding neighborhood. The new garage 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, The garage is a simple design consisting of a flat roof, metal garage doors, with stucco walls to match the existing house. The proposal includes a repaint of the exterior of the house to "Chalk" color which will blend in with the desert surroundings. 6. Consistency of composition and treatment; The building is consistent in style, colors and design features to other single-family residences in the Chino Canyon 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 contains a 2,042-square foot house with carport and a pool with landscaping, and existing perimeter trees and shrubs. The property owner intends to fully landscape the property at a future date. Planning Commission Resolution No. 6316 Case 3.3620 MAA February 13, 2013 Page 3 of 3 NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Case No. 3.3620 MAA, subject to the conditions of approval attached herein as Exhibit A. ADOPTED this 13th day of February 2013. AYES: 7, Weremuik, Munger, Klatchko, Roberts, Calerdine, Vice Chair Hudson and Chair Donenfeld NOES: None. ABSENT: None. ABSTAIN: None. ATTEST: i"brof ing, P DireIai g Services CITY OF PALM SPRINGS, CALIFORNIA EXHIBIT A RESOLUTION NO. 6316 CITY OF PALM SPRINGS CONDITIONS OF APPROVAL CASE NO. 3.3620 MAA 2211 NORTH VISTA DRIVE FEBRUARY 13, 2013 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 0 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. 3.3620 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. Planning Commission Conditions of Approval February 13, 2013 Case 3.3620 MAA 2211 North Vista Drive Page 2 of 8 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. PLANNNING DEPARTMENT PLN 1 Repaint of house and paint of new garage to be "Chalk" color according to submitted paint sample. BUILDING DEPARTMENT Prior to any construction on -site, all appropriate permits must be secured. ENGINEERING DEPARTMENT STREETS ENG 1. The Engineering Division recommends deferral of off -site improvement items (identified as "Deferred') at this time due to lack of full improvements in the immediate area. The owner shall execute a street improvement covenant agreeing to construct all required street improvements upon the request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be executed and notarized by the property owner(s) prior to approval of the Grading Plan or issuance of grading or building permits. A current title report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A covenant preparation fee in effect at the time that the covenant is submitted shall be paid by the applicant prior to issuance of any grading or building permits. ENG 2. Any improvements within the public right -of --way require a City of Palm Springs Encroachment Permit. ENG 3. Submit street improvement plans prepared by a registered California civil engineer to the Engineering Division. The plan(s) shall be approved by the City Engineer prior to issuance of any building permits. Deferred Planning Commission Conditions of Approval Case 3.3620 MAA — 2211 North Vista Drive VISTA DRIVE February 13, 2013 Page 3 of 8 ENG 4. Construct a 6 inch curb and gutter, 18 feet west of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. Deferred ENG 5. Construct a 6 inch concrete driveway as necessary, unless otherwise approved by the City Engineer, from the property line to the existing clean saw cut edge of pavement. ENG 6. Remove existing street improvements as necessary to construct two driveway approaches at the north and south ends of the frontage in accordance with City of Palm Springs Standard Drawing No. 201. Deferred ENG 7. Construct a 5 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. Deferred ENG 8. Construct pavement with a minimum pavement section of 2-112 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean saw cut edge of pavement along the entire Vista Drive frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 300. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. Deferred ENG 9. All broken or off grade street improvements along the project frontage shall be repaired or replaced. ON -SITE ENG 10. The proposed retaining wall located west of the proposed garage shall be reviewed and approved by the City prior to issuance of building permit to construct retaining wall. ENG 11. The minimum pavement section shall be a minimum of two and one-half (2-1 /2) inches asphalt concrete pavement over native soil or equal, in accordance with City of Palm Springs Zoning Code 93.06.00 C 2 (b). If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site N Planning Commission Conditions of Approval February 13, 2013 Case 3.3620 MAA -- 2211 North Vista Drive Page 4 of 8 and submitted to the City Engineer for approval on the project precise grading plan (if required). SANITARY SEWER ENG 12. Construct a private sanitary sewer system in accordance with City of Palm Springs Ordinance No. 1084 as needed for addition. The record property owner shall enter into a covenant agreeing to extend the private sewer lines the necessary distance to connect to the public sewer system within one year of official notice that an operating public sewer has been completed within 500 feet of the lot. The covenant shall be executed and notarized by the property owner and submitted to the City Engineer prior to issuance of any permit. A current title report or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A covenant preparation fee in effect at the time that the covenant is submitted shall be paid by the applicant prior to issuance of any grading or building permits. GRADING �R ENG 13. 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 and/or 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 4 Planning Commission Conditions of Approval February 13, 2013 Case 3.3620 MAA — 2211 North Vista Drive Page 5 of 8 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) 396-3752, or at hfta://www.AQMD.nov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control 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 14. Prior to approval of a Grading Plan or issuance of any 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 15. Contact Desert Water Agency at (760) 323-4971 Ext. 146 to determine impacts to any existing Whitewater Mutual Water Company water lines and other facilities that may be located within the property if any. Make appropriate arrangements to protect in place or relocate any facilities that are impacted by the development. A letter of approval for relocated or adjusted facilities from Desert Water Agency shall be submitted to the Engineering Division prior to approval of the Grading Plan. ENG 16. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. Deferred ENG 17. 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 Geotechnical/Soils Report shall be submitted to the Engineering Division with the first submittal of a grading plan (if required). -20 Planning Commission Conditions of Approval Case 3.3620 MAA — 2211 North Vista Drive February 13, 2013 Page 6 of 8 ENG 18. The applicant shall provide all necessary geotechnicallsoils inspections and testing in accordance with the Geotechnical/Soils Report prepared for the project. All backfill, compaction, and other earthwork shown on the approved grading plan shall be certified by a California registered geotechnical or civil engineer, certifying that all grading was performed in accordance with the GeotechnicallSoils Report prepared for the project. Documentation of all compaction and other soils testing are to be provided even though there may not be a grading plan for the project. No certificate of occupancy will be issued until the required certification is provided to the City Engineer. ENG 19. The applicant shall provide pad elevation certifications for all building pads in conformance with the approved grading plan, to the Engineering Division prior to construction of any building foundation. ENG 20. 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 or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE ENG 21. 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). ENG 22. The project is subject to flood control and drainage implementation fees pursuant to Resolution 14082. The acreage drainage fee at the present time is $6,511.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENERAL ENG 23. Any utility trenches or other excavations within existing asphalt concrete pavement of off -site streets required by the proposed development shall be backfilled and 2 Planning Commission Conditions of Approval Case 3.3620 MAA - 2211 North Vista Drive February 13, 2013 Page 7 of 8 repaired in accordance with City of Palm Springs Standard Drawing No. 115. 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 24. All proposed utility lines shall be installed underground. ENG 25. The record property owner(s) shall enter into a covenant agreeing to underground all of the existing overhead utilities required by the Municipal Code in the future upon request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be executed and notarized by the property owner and submitted to the City Engineer prior to issuance of a grading or building permit. A current title report or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A covenant preparation fee in effect at the time that the covenant is submitted shall be paid by the applicant prior to issuance of any grading or building permits. ENG 26. All existing utilities shall be shown on the improvement plans if required for the project. The existing and proposed service laterals shall be shown from the main line to the property line. ENG 27. Upon approval of any improvement plan (if required) 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 by the City Engineer. ENG 28. 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 7 K Planning Commission Conditions of Approval Case 3.3620 MAA — 2211 North Vista Drive February 13, 2013 Page 8 of 8 approved improvement plans shall be submitted to the City Engineer for approval prior to construction. ENG 29. 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. ENG 30. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed in accordance with City of Palm Springs Standard Drawing No. 904. Deferred TRAFFIC ENG 31. A minimum of 48 inches of clearance for handicap accessibility shall be provided on public sidewalks or pedestrian paths of travel within the development. Deferred ENG 32. 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 January 13, 2012, or subsequent editions in force at the time of construction. END OF CONDITIONS m