HomeMy WebLinkAboutPC Resolution _6351- Case 5.1303 CUPRESOLUTION NO.6351
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING CASE NO. 5.1303, A CONDITIONAL USE
PERMIT TO CONSTRUCT A 536-SQUARE FOOT GUEST
HOUSE ON THE PROPERTY LOCATED AT 555 VIA
LOLA.
WHEREAS, Jeffrey E. Choate ("Applicant") has filed a Conditional Use Permit (CUP)
application with the City pursuant to Section 94.02.00 of the Zoning Ordinance for the
construction of a 536-square foot guest house on a roughly 17,424-square foot lot located at
555 Via Lola, Zone R-1-A, Section 10; and
WHEREAS, guest houses exceeding 11501' of the lot size are allowed when approved
through a conditional use permit in the R-1-A zone; and
WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs
to consider the application for a Conditional Use Permit No. 5.1303 was circulated and
published in accordance with applicable law; and
WHEREAS, on December 17, 2003, a public hearing on the application for a conditional use
permit 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 or second dwelling unit in
residential zone) 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 or second dwelling unit).
Section 2: Section 94.02.00(B)(6) of the Zoning Code requires the Planning Commission
not approve a Conditional Use Permit unless it finds as follows:
1) That the use applied for at the location set forth in the application is properly
one for which a conditional use permit is authorized by this Zoning Code.
Pursuant to Section 92.01.01(D)(3) of the Zoning Code, a guest house which exceeds 1150t'
of a lot size is permitted within the R-1-A zone when approved by Conditional Use Permit.
The use must be located on a lot which contains a permitted main building and has a
Planning Commission Resolution No. 6351 September 11, 2013
Case 5.1303 CUP — Choate Guest house Page 2 of 3
minimum area of 15,000-square feet. The proposed guest house will be 536-square feet in
size which exceeds 1150�of the 17,424-square foot lot (or 348.5-square feet). The guest
house will be located on a lot which contains a permitted single family residence. Therefore,
staff has determined that the finding has been met.
2) That the use is necessary or desirable for the development of the
community, and is in harmony with the various elements or objectives of the
general plan, and is not detrimental to existing uses or to future uses
specifically permitted in the zone in which the proposed use is to be located.
The proposed use is desirable in that it will allow the owner of the residence to accommodate
occasional guests with a separate living area on the property. The proposed structure will
provide additional living space consistent with the Estate Residential General Plan Land Use
designation. The guest house will not be detrimental to the existing or future permitted uses
within the R-1-A zone (in which the proposed use is to be located) as it will be consistent with
development on surrounding residential properties.
3) That the site for the intended use is adequate in size and shape to
accommodate such use, including yards, setbacks, walls or fences,
landscaping, and other features required in order to adjust such use to
those existing or permitted future uses of land in the neighborhood.
The current R-1-A zone requirements include a minimum lot size of 20,000 square feet, lot
width of 140 feet and lot depth of 120 feet. The subject property is an existing 17,424-square
foot lot of record with a lot width of 116 feet and lot depth of 159 feet. With the approval of
an Administrative Minor Modification, the subject site is adequate in size and shape to
accommodate the proposed guest house. Furthermore, the structure will likely not be seen
from adjacent properties due to existing landscape shrubs. Therefore, the proposed use is
not anticipated to be detrimental to existing and future permitted uses of land in the
neighborhood.
4) That the site for the proposed use relates to streets and highways properly
designed and improved to carry the type and quantity of traffic to be
generated by the proposed use.
The project site is located on the corner of Via Lola and North Patencio Road — two local
streets, as designated by the General Plan Circulation Element. The streets are improved to
accommodate two-way traffic. The proposed use is an accessory living space to and existing
single-family dwelling, and any traffic generated by the use will be insignificant to the nearby
streets and highways.
5) That the conditions to be imposed and shown on the approved site plan are
deemed necessary to protect the public health, safety and general welfare
and may include minor modification of the zone's property development
standards. Such conditions may include:
a. Regulation of use 0
b. Special yards, space and buffers
Planning Commission Resolution No. 6351
Case 5.1303 CUP — Choate Guest house
September 11, 2013
Page 3 of 3
c. Fences and walls
d. Surfacing of parking areas subject to city specifications
e. Requiring street, service road, or alley dedications and improvements or
appropriate bonds
f. Regulation of points of vehicular ingress and egress
g. Regulation of signs
h. Requiring landscaping and maintenance thereof
i. Requiring maintenance of grounds
j. Regulation of noise, vibrations, odors, etc.
k. Regulation of time for certain activities
I. Time period within which the proposed use shall be developed
m. Duration of use
n. Dedication of property for public use
o. Any such other conditions as will make possible the development of the
city in an orderly and efficient manner and in conformity with the intent
and purposes set forth in this Zoning Code, including but not limited to
mitigation measures outlined in an environmental assessment.
All proposed conditions of approval are necessary to ensure compliance with Zoning
Ordinance requirements and to ensure the public health, safety and welfare.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby approves Case No. 5.1303 CUP, for the construction and use of a 536-
square foot guest house as an accessory to the existing single-family residence located at
555 Via Lola, subject to the conditions of approval attached herein as Exhibit A.
ADOPTED this 11 th day of September, 2013.
AYES: T, Commissioner Calerdine, Chair Donenfeld, Vice -Chair Hudson,
Commissioner Klatchko, Commissioner Lowe, Commissioner Roberts and
Commissioner Weremiuk
NOES: None.
ABSENT: None.
ABSTAIN: None.
ATTEST:
A 1� �'
M. argo Whee er, AICP
Director of Planning Services
CITY OF PALM SPRINGS, CALIFORNIA
RESOLUTION NO.6351
EXHIBIT A
Case 5.1303 CUP
Choate Guest House
555 Via Lola
September 11, 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
5.1303 CUP, except as modified by the conditions below.
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the approved plans 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 5.1303 CUP. 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
EN
Resolution No. 6351
Conditions of Approval
5.1303 CLIP — Choate Guest House at 555 Via Lola
Page 2 of 2
September 11, 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 Approval. The time limit for commencement of construction
under a conditional use permit shall be two (2) years from the effective date of
approval. Once constructed, the Conditional Use Permit does not have a
time limit provided the project has remained in compliance with all conditions
of 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. Conditional Use Permit Availability. The applicant shall provide a copy of this
Conditional Use Permit to all buyers and potential buyers.
PLANNING DEPARTMENT CONDITIONS
PLN 1. Casita. This Conditional Use Permit is limited to the construction and
maintenance of a 536-square foot guest house larger than 11501h of the lot.
BUILDING DEPARTMENT CONDITIONS
BLD 1. Prior to any construction on -site, all appropriate permits must be secured.
END OF CONDITIONS
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