HomeMy WebLinkAbout24098 RESOLUTION NO. 24098
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, UPHOLDING AN APPEAL
OF THE PLANNING COMMISSION'S ACTION TO DENY
AN AMENDMENT TO A MAJOR ARCHITECTURAL
APPLICATION FOR THE CONSTRUCTION OF A SINGLE-
FAMILY RESIDENCE ON A 0.59 ACRE HILLSIDE PARCEL
LOCATED AT 2110 NORTH LEONARD ROAD, ZONE R-1-
B (CASE 3.3817 MAJ).
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS AND
DETERMINES AS FOLLOWS:
A. On October 19, 2015, DenLar LLC ("Applicant"), filed a Major Architectural
application with the City pursuant to Palm Springs Zoning Code (PZSC) Section
94.04.00 for construction of a single-family residence on a hillside parcel.
B. On November 23, 2015, the Architectural Advisory Committee (AAC) met and
voted to recommend approval of the architectural design to the Planning Commission,
and requested that the applicant submit a revised landscape plan.
C. On December 7, 2015, the AAC met and voted to recommend approval of the
revised landscape plan to the Planning Commission.
D. On December 9, 2015, a public meeting to consider Case 3,3817 was held by
the Planning Commission in accordance with applicable law. After considering the
evidence presented in connection with the hearing on the project, the Planning
Commission found the project to be consistent with the City's adopted codes and
regulations, and voted to approve the project.
E. On June 8, 2016, the Building & Safety Department issued a stop-work order to
the Applicant upon verifying that the foundation placement did not conform to the
approved plans submitted with the building permit application.
F. On July 7, 2016, the Applicant submitted a request to amend the approved Major
Architectural application to accommodate a revised placement of the residence on the
parcel.
G. On July 27, 2016, the Planning Commission held a public meeting to consider
the amendment to the approved plan in accordance with applicable law.
H. The Planning Commission reviewed all of the evidence presented in conjunction
with the application, including but not limited to, the staff report, and all written and oral
testimony presented, and voted to deny the amendment upon making a finding that the
Resolution No. 24098
Page 2
site plan as approved in December 2015 addressed impacts to the adjacent property,
and that the Applicant made changes to the location of the structure without first
obtaining approval from the City to do so.
I. On August 2, 2016, the Applicant filed an appeal of the action of the Planning
Commission to deny the amendment to the approved Major Architectural application.
J. On September 7, 2016, the City Council held a public hearing to consider the
appeal of the Planning Commission's action to deny the modification of the Major
Architectural application.
K. The City Council has carefully reviewed and considered all of the evidence
presented in connection with the hearing on the application, including, but not limited to,
the staff report, and all written and oral testimony presented, and hereby approves the
appeal request, making the following findings:
1. The structure as constructed conforms to all minimum setback requirements;
2. The location of the structure as constructed may lessen impacts to the adjacent
property owner's solar panels; and
3. The height encroachment of the structure can be addressed through the filing of
an Administrative Minor Modification application, pursuant to PSZC Section
94.06.01(A)(8).
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. The proposed modification to Case 3.3817 MAJ AMND is hereby
approved as submitted.
SECTION 2. The applicant has agreed to the following remedies:
1. Submit a solar access and shade report, showing minimal impact to the
solar collectors on the property at 2150 Leonard Road.
2. Submit an Administrative Minor Modification application to address the
height encroachment issue.
3. Pay a voluntary fine of $10,000.00 to the City of Palm Springs to address
the violation that resulted from the construction of the structure in a
location contrary to the approved site plan without first obtaining the
approvals to do so.
Resolution No. 24098
Page 3
ADOPTED THIS 215T DAY OF SEPTEMBER, 2016.
c
David H. Ready, City Ma
ATTEST:
ames Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 24098 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on the 215t day of September,
2016, by the following vote:
AYES: Councilmember Roberts, Mayor Pro Tern Mills, and Mayor Moon.
NOES: Councilmember Foat and Councilmember Kors.
ABSENT: None.
ABSTAIN: None.
mes Thompson, City Clerk
City of Palm Springs, California 1.1/06/zo ) (o