HomeMy WebLinkAboutPC Resolution _6340- Case 6.529 VARRESOLUTION NO. 6340
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING
A VARIANCE TO ALLOW A TEN FOOT REAR YARD
SETBACK FOR THE CONSTRUCTION OF A 263-SQUARE
FOOT GARAGE ADDITION FOR A SINGLE FAMILY
RESIDENCE LOCATED AT 2288 SOUTHRIDGE DRIVE
WHEREAS, Gregory Wilcox ("the applicant") has filed a request for a variance to Zoning
Code, Section 92.01.03(B)(3)(a), to reduce the required rear yard setback from fifteen
feet to ten feet for the construction of a 263-square foot garage expansion for the
property located at 2288 Southridge Drive, Zoned R-1-A, Section 25 (APN 510-250-
004); and
WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm
Springs to consider Case No. 6.529 VAR, a Variance Application was given in
accordance with applicable law; and
WHEREAS, on July 24, 2013, a public hearing on a request for a variance to Zoning
Code, Section 92.01.03(B)(3)(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:
9. 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.
e
Planning Commission Resolution 6340
6.529 VAR
July 24, 2013
Page 2 of 3
The subject property is located within the R-1-A (Single Family Residential) Zone
and is defined as a hillside lot. The Southridge neighborhood consists of similar
estate homes built on steep slopes with dramatic vistas of the City below. The
subject site sits at the top of a high rock outcropping with very steep slopes on
three sides limiting buildable area. The east property line is located at the edge
of a cliff and the reduction of the required rear yard setback from fifteen (15) feet
to ten (10) feet for the expansion and construction of a 263-square foot garage is
justified by the severe topography.
The Palm Springs Zoning Code (PSZC) Section 93.06.00(D)(29)(a) requires that
single-family residences provide two (2) covered parking spaces. Two covered
spaces are currently provided however a third garage space is necessary due to
extreme hillside conditions prohibiting conventional on -street parking. 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 the extreme topography.
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 an irregularly shaped lot with significant topographic 10
variant that limits structure location. Similar conditions have been imposed on
properties within the vicinity. Staff believes that the proposed setback maintains
the integrity of the Zoning Code and General Plan and would not constitute a
grant of special privilege that is inconsistent with the limitations placed upon
other properties in the vicinity and zoning designation.
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 garage expansion will be located on an existing flat portion of the lot, which
will be structurally engineered and reinforced in accordance with all applicable
codes. 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 area.
4. The granting of such variance will not adversely affect the general plan of the
city.
The General Plan designation for the site is Estate Residential (0-2.0 dulac),
which "provides for the development of large -lot, single-family residences that are
custom in design. This designation is predominantly located in areas adjacent to
the City's hillsides, reflecting the natural and environmental constraints that must
Planning Commission Resolution 6340
6.529 VAR
July 24, 2013
Page 3 of 3
be addressed there." The proposed renovation and garage expansion is
consistent with the land use designation.
Furthermore, the property is located in a hillside area with significant slopes. It is
the intent of the General Plan to limit development in hillside areas:
General Plan Policies
LU 9.3 Preserve the unique topographic and geologic features of the City.
CD 23.1 Encourage hillside development that respects the natural terrain rather
than detracts from it by designing houses that fit into the natural
contours of the slope.
CD 23.2 Encourage hillside development to preserve natural vegetation during
the construction process and to incorporate the natural environment
into the design of structures as much as possible.
These policies support the expanded garage location with a reduced setback.
Therefore, granting of the variance will assist in supporting policies of the
General Plan.
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(B)(3)(a) to reduce the required rear yard setback from fifteen feet to ten feet
for a 263-square foot garage expansion for property located at 2288 Southridge Drive,
subject to the conditions of approval attached herewith as Exhibit A.
ADOPTED this 24t" day of July, 2013.
AYES: 5, Chair Donenfeld, Vice -Chair Hudson, Commissioner Kiatchko,
Commissioner Lowe, Commissioner Weremiuk
NOES: None
ABSENT: 2, Commissioner Calerdine, Commissioner Roberts
ABSTAIN: None
ATTEST:
M. llarg&Wheeler, AICP
Director of Planning Services
CITY OF PALM SPRINGS, CALIFORNIA
A'
RESOLUTION NO.6340
EXHIBIT A
Case No. 6.529 — VAR
2288 Southridge Drive
July 24, 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 6.529
VAR, which allows for a rear yard setback of ten feet for a 263-square foot
garage expansion per the approved site plan.
ADM 2. The site shall be developed and maintained in accordance with the approved
plans, date stamped July 24, 2013, 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 6.529 VAR. 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
Resolution No. 6340
Conditions of Approval
Case 6.529 VAR — 2288 Southridge Drive
Page 2 of 3
July 24, 2013
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.AAwrovai. The time limit for commencement of construction I
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. 6340
Conditions of Approval
Case 6.529 VAR — 2288 Southridge Drive
PLANNING DEPARTMENT CONDITIONS
Page 3 of 3
July 24, 2013
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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