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HomeMy WebLinkAboutPC Resolution _6380- Case 5.1316 CUP 6.532 VARRESOLUTION NO. 6380 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1316 CUP AND CASE 6.532 VAR, A CONDITIONAL USE PERMIT TO CONSTRUCT A DETACHED GUEST HOUSE GREATER THAN 1/50TH OF THE LOT SIZE AND A VARIANCE SEEKING AN INCREASE IN DISTANCE BETWEEN A GARAGE AND A MAIN DWELLING UNIT FROM ZERO TO ROUGHLY 24 FOOT FOR DEVELOPMENT OF A SINGLE FAMILY RESIDENCE ON A ROUGHLY 23,810 SQUARE FOOT LOT LOCATED AT 1259 PASATIEMPO, (ZONE R-1-C). WHEREAS, Steve & Nancy Mitchell ("Applicants") filed a Conditional Use Permit (CUP) application with the City pursuant to Section 94.02.00 of the Zoning Code for the construction of a roughly 607-square foot guest house on a roughly 23,810-square foot lot (more than 1/50th of the lot area) located at 1259 Pasatiempo Road, Zone R-1-C; and WHEREAS, the Applicants also filed a Variance application (VAR) with the City pursuant to Section 94.06.00 of the Zoning Code requesting approval to modify the distance between a garage and a main dwelling unit from zero to roughly 24 feet, and WHEREAS, guest houses exceeding 1/50t" of the lot size are allowed with approval of a conditional use permit in the R-1-C zone; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Case 5.1315 CUP and Case 6.532 VAR was published in accordance with applicable law; and WHEREAS, on January 22, 2014, a public hearing on Case 5.1316 CUP and Case 6.532 VAR 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. Planning Commission Resolution No. 6380 ,January 22, 2014 Case 5.1316 CUP 16.532 VAR 1259 Pasatiempo Page 2 of 4 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: Conditional Use Permit. The Planning Commission has made certain findings in order to approve the Conditional Use Permit pursuant to Section 94.02.00 of the Palm Springs Zoning Code; 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. Single family residences are permitted in the R-1-C zone. Guest units and casitas larger than 1/50th of the lot area are permitted in the R-1-C zone subject to approval of a CUP. 2) That the use is necessary or desirable for the development of the community, is in harmony with the various elements of 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 guest house is consistent with the zoning code and general plan land use designation of Very Low Density Residential for this parcel. The proposed detached guest house conforms to the required development standards of the zone in terms of height, setback, lot coverage and distance between buildings. Approval of the proposed guest house at roughly 607 square feet will not be detrimental to existing development in the adjacent community. 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 site is a triangular shaped lot located behind other street -fronting adjacent lots. It is not visible from the public street. The lot is adequate in size to accommodate the proposed design and configuration of the proposed main house, guest house, garage, swimming pool and landscaping according to the development standards of the R-1-C zone. Therefore, the site is adequate in size and shape to accommodate the proposed use. 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. 0 Planning Commission Resolution No. 6380 Case 5.1316 CUP 16.532 VAR 1259 Pasatiempo January 22, 2014 Page 3 of 4 The project will occupy a vacant residential lot that has legal access to the public street which is designed and improved as a local street in a residential neighborhood to handle the type and quantity of traffic generated. 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. The project will be conditioned at the time it is processed through the Building Department for a building permit. Other Conditions of Approval are listed in the attached Exhibit "A". Section 3: Variance. The Planning Commission has made certain findings in order to approve the requested Variance, pursuant to Section 94.06.00 (B) of the Palm Springs Zoning Code; as follows: 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. The subject property is unusual in its triangular shape, its size is significantly larger than the typical minimum 10,000 square foot lot size for the R-1-C zone and surroundings are such that it is not visible from the public street. The site is also very limited in its street -front access, given that it the access al connecting the site to the public street is only approximately 20 feet in width. Because of its unusual circumstances, strict application of the zoning code requiring that the garage be attached to the main structure would unnecessarily restrict or deprive the subject property of privileges enjoyed by other properties in the same zone. 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. Although the subject parcel is unique in its size, shape, and adjacency to the public street and adjacent parcels, allowing a detached garage would not constitute a grant of special privilege because it the proposed structures must still conform to all development standards of the zone including setbacks, height, overall lot coverage, distance between buildings and still satisfies the Zoning Code requirement that at least 2 covered parking spaces be provided. 3. The granting of the variance will not be materially detrimental to the public health, safety, convenience or welfare or injurious to property and Planning Commission Resolution No. 6380 January 22, 2014 Case 5.1316 CUP 16.532 VAR 1259 Pasatiempo Page 4 of 4 improvements in the same vicinity and zone in which subject property is situated. There are no circumstances related to the proposed variance that would be detrimental to public health, safety, convenience or welfare of people and or property in the vicinity of the subject site. 4. The granting of such variance will not adversely affect the general plan of the city. The proposed variance has no effect on the general plan. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Case 5.1316 CUP and Case 6.532 VAR, for the construction and use of a roughly 607-square foot detached guest house as an accessory to the existing single-family residence, and a garage to be located roughly 24 feet from the main dwelling unit proposed to be located at 1259 Pasatiempo Road. ADOPTED this 22nd day of January, 2014. AYES: 6, Commissioner Calerdine, Commissioner Klatchko, Commissioner Lowe, Commissioner Roberts, Vice -Chair Hudson and Chair Donenfeld NOES: None ABSENT: 1, Commissioner Weremiuk ABSTAIN: None ATTEST: , CITY OF PALM SPRINGS, CALIFORNIA maNo vvnewer, HIU. — Direc or of Planning Services K EO EO RESOLUTION NO.6380 EXHIBIT A Case 6.1316 CUP I Case 6.532 VAR A Conditional Use Permit and a Variance request for development of a single family residence with casita in excess of 1150th of the lot size and a garage located roughly 24 feet from, instead of attached to a main dwelling unit at 1259 Pasatiempo Road. January 22, 2014 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. Proiect Description. This approval is for the project described per Case 5.1316 CUP 16.532 VAR; 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 December 11, 2013, including site plans, architectural elevations, exterior materials and colors, and landscaping, on file in the Planning Department 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 Case 5.1316 CUP 16.532 VAR 1259 Pasatiempo Conditions of Approval Page 2 of 5 officers concerning Case 5.1316 CUP 16.532 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 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 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. ADM 7. Time Limit on Approval. Approval of the Conditional Use Permit and Variance shall be valid for a period of two (2) years from the effective date of the approval. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 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. Comply with City Noise Ordinance. This use shall comply with the provisions of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code. Violations may result in revocation of this Conditional Use Permit. ENVIRONMENTAL ASSESSMENT CONDITIONS ENV 1. Coachella Vallev Multiple -Species Habitat Conservation Plan ICVMSHCP Local Development Mitigation Fee (LDMF)required. All projects within the City of Palm Springs, not within the Agua Caliente Band of Cahuilla Indians reservation are subject to payment of the CVMSHCP LDMF prior to the issuance of certificate of occupancy. ENV 2. California Fish & Game Fees Reguired. The project is required to pay a fish and game impact fee as defined in Section 711.4 of the California Fish and Game Code. This CFG Impact fee plus an administrative fee for filing the Case 5.1316 CUP / 6.532 VAR 1259 Pasatiempo Conditions of Approval Page 3 of 5 action with the County Recorder shall be submitted by the applicant to the City in the form of a money order or a cashier's check payable to the Riverside County Clerk prior to the final City action on the project (either Planning Commission or City Council determination). This fee shall be submitted by the City to the County Clerk with the Notice of Determination. Action on this application shall not be final until such fee is paid. The project may be eligible for exemption or refund of this fee by the California Department of Fish & Game. Applicants may apply for a refund by the CFG at www.dfg.ca.gov for more information. ENV 3. Cultural Resource Survey Required. Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior's Standards and Guidelines, shall be employed to survey the area for the presence of cultural resources identifiable on the ground surface. ENV 4. Cultural Resource Site Monitoring. There is a possibility of buried cultural or Native American tribal resources on the site. A Native American Monitor shall be present during all ground -disturbing activities. (check for duplication in engineering conditions) a. A Native American Monitor(s) shall be present during all ground disturbing activities including clearing and grubbing, excavation, burial of utilities, planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla Indian Cultural Office for additional information on the use and availability of Cultural Resource Monitors. Should buried cultural deposits be encountered, the Monitor shall contact the Director of Planning. After consultation the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to further investigate the site. If necessary, the Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Agua Caliente Cultural Resource Coordinator for approval. b. Two copies of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department and one copy to the City Planning Department prior to final inspection. PLANNING DEPARTMENT CONDITIONS PLN 1. Outdoor Lighting Conformance. Exterior lighting plans, including a photometric site plan showing the project's conformance with Section 93.21.00 Outdoor Lighting Standards of the Palm Springs Zoning ordinance, Case 5.1316 CLIP 16.532 VAR 1259 Pasatiempo Conditions of Approval Page 4 of 5 shall be submitted for approval by the Department of Planning prior to issuance of a building permit. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be included. If lights are proposed to be mounted on buildings, down -lights shall be utilized. No lighting of hillsides is permitted. PLN 2. Water Efficient Landscaping Conformance. The project is subject to the Water Efficient Landscape Ordinance (Chapter 8.60.00) of the Palm Springs Municipal Code and all other water efficient landscape ordinances. The applicant shall submit a landscape and irrigation plan to the Director of Planning for review and approval prior to the issuance of a building permit. Landscape plans shall be wet stamped and approved by the Riverside County Agricultural Commissioner's Office prior to submittal. Prior to submittal to the City, landscape plans shall also be certified by the local water agency that they are in conformance with the water agency's and the State's Water Efficient Landscape Ordinances. PLN 3. Flat Roof Requirements. Roof materials on flat roofs (less than 2:12) must conform to California Title 24 thermal standards for "Cool Roofs". Such roofs must have a minimum initial thermal emittance of 0.75 or a minimum SRI of 64 and a three-year aged solar reflectance of 0.55 or greater. Only matte (non-specular) roofing is allowed in colors such as beige or tan. PLN 4. Maintenance of Awnings & Projections. All awnings shall be maintained and periodically cleaned. PLN 5. Screen Roof -mounted Equipment. All roof mounted mechanical equipment shall be screened per the requirements of Section 93.03.00 of the Zoning Ordinance. PLN 6. Surface Mounted Downspouts Prohibited. No exterior downspouts shall be permitted on any facade on the proposed building(s) that are visible from adjacent streets or residential and commercial areas. PLN 7. Pool Enclosure Approval Required. Details of fencing or walls around pools (material and color) and pool equipment areas shall be submitted for approval by the Planning Department prior to issuance of Building Permits. PLN 8. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. PLN 9. Outside Storage Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. PLN 10. (add any additional conditions imposed by the Planning Commission or City Council here} 0 Case 5.1316 CUP 16.532 VAR 1259 Pasaliempo Conditions of Approval POLICE DEPARTMENT CONDITIONS Page 5 of 5 Developer shall comply with Section II of Chapter 8.04 "Building Security Codes" of the Palm Springs Municipal Code. BUILDING DEPARTMENT CONDITIONS Prior to any construction on -site, all appropriate permits must be secured. ENGINEERING DEPARTMENT CONDITIONS No Conditions at this time. The project may be conditioned by the Department of Engineering at the time of the submittal for building permits. FIRE DEPARTMENT CONDITIONS No Conditions at this time. The project may be conditioned by the Fire Department at the time of the submittal for building permits. END OF CONDITIONS Eo Ee