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Home My WebLink AboutPC Resolution _6320- Case 3.3622 MAARESOLUTION NO. 6320 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO. 3.3622 — MAA TO ALLOW CONSTRUCTION OF AN ACCESSORY PATIO COVER AT THE REAR OF THE EXISTING SINGLE FAMILY RESIDENCE LOCATED AT 2494 NORTH VISTA DRIVE, ZONE R-1-B, SECTION 3. WHEREAS, Mark Sheard and Dusty Atkins ("Applicant") has filed an application with the City pursuant to Section 94.04.00 of the Zoning Ordinance for the construction of a patio cover adjacent to the rear of the residence located at 2494 North Vista Drive, Zone R-1-13, Section 3; and WHEREAS, on February 11, 2013, the Architectural Advisory Committee met and voted to recommend approval of the project to the Planning Commission; and WHEREAS, on March 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 (accessory structures) pursuant to Section 15303(e) 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(e) (Accessory structures). 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, 2. m Ee Planning Commission Resolution No. 6320 Case 3.3622 MAA March 13, 2013 Page 2 of 3 The proposed patio cover will be located at the rear of the existing residence. It will cover an existing flat patio area adjacent to the home. The accessory structure will meet all setback requirements and will not require alterations to the existing topography. 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 Code (PSZC). 3. 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 proposed patio cover will be a simple design and have a similar roof slope as the existing residence. 4. 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 structure will conform to all required setbacks and building height limitations. 5. Building design, materials and colors to be sympathetic with desert surroundings, AND 6. Harmony of materials, colors and composition of those elements of a structure, including overhangs, roofs, and substructures which are visible simultaneously, AND 7. Consistency of composition and treatment, The patio cover is a simple design consisting of all steel elements. Staff recommends that the color of the structure be off-white gray or beige. The structure is consistent in style, colors and design features to other single- family residences and structures 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 parcel contains a 1,992-square foot house with garage and landscaping. No modifications to the landscaping are proposed as a part of this project. m Ee u Planning Commission Resolution No. 6320 Case 3.3622 MAA March 13, 2013 Page 3 of 3 NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Case No. 3.3622 MAA, to construct an accessory covered patio at the rear of the existing hillside residence located at 2494 Vista Drive, subject to the conditions of approval attached herein as Exhibit A. ADOPTED this 13th day of March 2013. AYES: 4, Weremuik, Vice Chair Hudson, Roberts and Chair Donenfeld NOES: None ABSENT: 3, Calerdine, Klatchko and Munger ABSTAIN: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA E ward O. Robertson Principal Planner N 0 Eo RESOLUTION NO.6320 EXHIBIT A Case 3.3622 MAA 2494 Vista Drive March 13, 2013 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 3.3622 MAA, except as modified with the conditions below. ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans, date stamped January 10, 2013, including site plans, architectural elevations, 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 Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 3.3622 MAA. The City 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 w m Resolution No. 6320 Conditions of Approval March 13, 2013 Page 2 of 3 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. 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. ENVIRONMENTAL ASSESSMENT CONDITIONS ENV 1. Notice of Exemption. The project is exempt from the California Environmental Quality Act (CEQA); therefore, an administrative fee of $64 shall be submitted by the applicant in the form of a money order or a cashier's check payable to the Riverside County Clerk within two business days of the Commission's final action on the project. This fee shall be submitted by the City to the County Clerk with the Notice of Exemption. Action on this application shall not be considered final until such fee is paid. PLANNING DEPARTMENT CONDITIONS PLN 1. Patio Cover Color. Prior to issuance of building permit, the applicant shall submit an off-white gray or beige color sample for review and approval by the Planning Department. PLN 2. Maintenance of Awnings & Proiections. All awnings shall be maintained and periodically cleaned. PLN 3. Time Limit on Approval. 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. POLICE DEPARTMENT CONDITIONS POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security Codes" of the Palm Springs Municipal Code. N m Resolution No. 6320 March 13, 2013 Conditions of Approval Page 3 of 3 BUILDING DEPARTMENT CONDITIONS BLD 1. Prior to any construction on -site, all appropriate permits must be secured. END OF CONDITIONS N w EO