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Cg41 oft �P CITY COUNCIL STAFF REPORT
DATE: September 21, 2016 CONSENT CALENDAR
SUBJECT: APPEAL BY DENLAR LLC OF THE PLANNING COMMISSION ACTION
TO DENY AN AMENDMENT TO AN APPROVED MAJOR
ARCHITECTURAL APPLICATION FOR A REDUCTION IN THE SIDE
YARD SETBACK OF A NEW HILLSIDE SINGLE-FAMILY RESIDENCE
LOCATED AT 2110 NORTH LEONARD ROAD; ZONE R-1-13 (CASE
3.3817 MAJ AMND).
FROM: David H. Ready, City Manager
BY: Department of Planning Services
SUMMARY
At the City Council meeting of September 7, 2016, the City Council voted to approve the
appeal and support the proposed amendment to the approved Major Architectural
application (Case 3.3817 MAJ AMND), and directed staff to bring forward a resolution at
the next City Council meeting addressing the following issues:
• Provide a report addressing any impacts of the relocated structure to the ground-
mounted solar panels on the neighbor's property at 2150 N. Leonard Road;
• Recommend an amount for a voluntary contribution to be paid by the applicant;
and
• Direct the applicant to file an Administrative Minor Modification (AMM) application
to address the portion of the structure that encroaches into the maximum
permitted building height envelope.
The resolution and attached documentation addresses the issues identified by City
Council and the applicant has agreed to make a voluntary contribution to the City's
general fund in the amount of$10,000.
RECOMMENDATION:
1. Adopt Resolution No. , "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)."
ITEM NO.
City Council Staff Report
September 21, 2016 -- Page 2
3.3817 MAJ -Appeal
STAFF ANALYSIS:
At the meeting of September 7, 2016, the City Council considered the appeal of the
action taken by Planning Commission to deny a modification to an approved site plan
for the construction of a single-family residence at 2110 N. Leonard Road. After
considering all evidence presented in conjunction with the application, the City Council
determined the following:
• The structure as constructed does not conform to the Major Architectural
application as approved by the Planning Commission; however, the structure as
constructed conforms to all minimum setback requirements of the R-1-13 zoning
district pursuant to Palm Springs Zoning Code Section 92.01.03(A);
• A solar access study and shade report prepared on behalf of the property owner
at 2150 Leonard Road which is adjacent to the Subject Property should be
submitted to the City that shows the Applicant's building as constructed does not
adversely affect or impair the solar panels constructed on the adjacent property;
• The structure as constructed encroaches into the required height envelope at the
side yard setback, however, PSZC Section 94.06.01(A)(8) allows for
modifications to the height of structures in hillside areas upon approval of a
Administrative Minor Modification application. The Applicant should submit an
Administrative Minor Modification application, pursuant to PSZC Section
94.06.01(A)(8), to consider this height encroachment issue.
Based on these determinations, the Applicant has met with staff and submitted a copy
of a solar study for the solar panels on the adjacent property to the north, performed on
July 12, 2016, showing that the panels will maintain an average of 92% solar access
during the course of the year based on current environmental and physical conditions.
In addition, the Applicant submitted an Administrative Minor Modification application to
the Department of Planning Services on September 13, 2016, which will address the
height issue of the structure. The Applicant has agreed to make $10,000.00
contribution to the City's general fund.
6
F inn Fagg, AICP Marcus Fuller, M A, P.E., P. .S.
Director of Planning Services Assistan Manager/Cit gineer
David H. Ready, Esq., P Douglas 1k. Holland,
City Manager City Attorney
Attachments:
1. Resolution
2. Solar Access and Shade Report (dated 07/12/16)
3. AMM Application (copy)
02
RESOLUTION NO.
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 AMND).
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 generally
located at 2110 North Leonard Road ("Subject Property").
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 Major Architectural application for the project.
The Building & Safety Department subsequently approved building permits in
substantial compliance with the Major Architectural plans approved by the Planning
Commission.
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 plans
approved in conjunction with the building permits for the project.
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 considered the amendment to the
Major Architectural application at a public meeting in accordance with applicable law.
H. The Planning Commission reviewed all of the evidence presented in conjunction
03
Resolution No.
Page 2
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
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 project is categorically exempt from CEQA pursuant to CEQA Guidelines
Section 15303(a) relating to construction of a new single-family residence.
L. 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, subject to the following conditions, findings, and determinations:
1. The structure as constructed does not conform to the Major Architectural
application as approved by the Planning Commission; however, the structure as
constructed conforms to all minimum setback requirements of the City;
2. A solar access study and shade report prepared by the owner of the property at
2150 Leonard Road which is adjacent to the Subject Property shows that the
building as constructed on the Subject Property and as contemplated to be
finished pursuant to the proposed amendment to the Major Architectural
application does not adversely affect or impair the solar panels constructed on
the adjacent property;
3. The Applicant has submitted Administrative Minor Modification application,
pursuant to PSZC Section 94.06.01(A)(8), to consider the height encroachment
issue applicable to a portion of the roof of the building on the Subject Property;
and
4. The Applicant has voluntarily consented to make a $10,000.00 contribution to the
City's General Fund prior to commencement of any further work on the Subject
Property.
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 City Council accepts Applicant's contribution to the City's
General Fund.
f)4
Resolution No.
Page 3
ADOPTED THIS 21ST DAY OF SEPTEMBER, 2016.
David H. Ready, City Manager
ATTEST:
James 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. 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
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
p Y
City of Palm Springs, California
05
Solar Access and Shade Report
7/12/2016
For:
Robert Doren
By:
Tyler
Measurements made by Solmetric SunEyeT"—w—.Wmetnacom
Solmetric
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Session Properties
Name Boren,robert
Creation Date 7112/2016 8:40
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CITY OF PALM SPRINGS
Department of Planning Services
• '+..,, 3200 E-Tahquitz Canyon Way, Palm Springs, CA 92262 - '-'
o44JFoxr' Tel 760-323-8245-FAX 760-322-8360
For Staff Use Only I Sl o
Case Number:
In-Take Planner: N K
Date: g� 131�l6_
ADMINISTRATIVE MINOR MODIFICATION
PLANNING i ZONING GENERAL INFORMATION FORM
PLANNING ENTITLEMENTS REQUESTED:
O Administrative Minor Modification O Change of Zone O Conditional Use Permit
O HSPB Action O Major Architectural Minor Architectural
0 Parcel Map/Tract Map O Planned Development District O Single-Family Architectural
O Variance
TO THE APPLICANT: Please fill out information requested below and attach the appropriate supplemental application.
Project Site Information:
I
Project Address: ED,01+" IZD NoF-rH• APN: 50'4- IQZ- 031
@i Project Name: (Name of Condo or HOA) LL C4-
LEbn)AP-D I2D
Y Zone:fi`I$ GP: Eit SectionfTownship/Range:
Description of Project:
es
i RtAan Foy '7 overNetyFa ar FtocTn e"p1r1 (-LoSET
I
Property Owner Information:
Property Owner's Name: DE- ) LAP- rrL1Lti
Property Owner's Address: '72.2,A-1 IFS E&T- i)f-
fQA,J A Ht7 f�12. a GA 9 z Z7 0
Property Owner's Phone#: -1b0 -Z-IS - Z39Z -- FAX
Property Owner's Email: 6EA114.06C- 10 42- q.nwlL. LDen
Project Manager, Contractor, Owner's Representative: 1
Company/Agent's Name: l�Es�1� LEprs I ,a J llrr 6�LT
Agent's Signature:
E Agent's Mailing Address: S-14q' Z4 PAL.nj �F 30 f iii
YuL�� J17, cA 9z7-pi
Agent's Owner's Phone#: -)l.0 -31_9-B 1 y Z- FAX:J(,?0 -365 -S)'I3
Agent's Owner's Email: �es,rt eaL,..� 1? �)cFLZDJ. FJ
SAI CITY OF PALM SPRINGS
's Department of Planning Services
3200 E.Tahquitz Canyon Way, Palm Springs,CA 92262
•.y,M��,+' Tel 760-323-8245-FAX 760-322-8360
• c'�CIFORN\
PLANNING DEPARTMENT APPLICATION
ADMINISTRATIVE MINOR MODIFICATION
TO THE APPLICANT Fill out a General Information Cover Form first and attach this supplemental information sheet.
Is the proposed project:
O Conservation Area (MSHCP) O Abut State Highway 111 0 Downtown Parking Combining Zone
O Historic Designation/District O Specific Plan 0 Resort Combining Zone
O water Course/ Floodplain J& Hillside Lot Q Noise Impact Zone
0 On the Agua Caliente Band of Cahuilla Indian Reservation Land
19 0 Fall within the Riverside County Airport Land Use Commission Review Area
General Information:
Common Name of Project: 7-11D Leo,3"wo RD
When did present owner acquire the property:
Relationship to larger project:
Existing use of project site: 5F(L - Jr�D62 �oasrR �cno.�
Residential Projects: Z 11Z E`er q
Proposed building square footage: I on^fie Net Lot Area: M-loo sF
Number of dwelling units: , Number of stories: I Height: l8 S ft.
Largest single building: (sq.ft.) _ '-55,C) Number of stories: Height: ft.
Describe recreational facilities: Pool-
Parking spaces required: 2- Number provided: 3 Co u EfLeO
(Per PSZC 93.06)
Zercial Projects:
pos building square footage: Net Lot Area:
7 Type of uses a ajor functions:
6 Square footage of buil i rea devoted to each proposed use:
Number of stories: Height: ft.
Largest single building: (sq. ft.) Number of stories: Height: ft.
Parking spaces required: Number provided:
(Per PSZC 93.06)
Hours of operation:
Maximum number of clients, patrons, shoppers at one time:
Maximum number of employees at one time:
Area and percent of total project devoted to:
Building sq. ft. %
Paving including streets or drives: sq. ft. %
Landscaping, Open, Recreation: sq. ft. %
TOTAL PROJECT AREA sq. ft.
13
UFOU
`"`"' CITY OF PALM SPRINGS
Department of Planning Services
3200 E.Tahquitz Canyon Way, Palm Springs,CA 92262
Tel 760-323-8245-FAX 760-322-8360
PLANNING DEPARTMENT APPLICATION
ADMINISTRATIVE MINOR MODIFICATION
TO THE APPLICANT. Fill out a General Information Cover Form first and attach this supplemental information sheet.
General Information: A
Describe type of modification and special circumstance necessitating this application.
(p Affim rT) --711 OuEQ4t F1g1Ir 00.T tjoR-TM P&PEQT�E
Ar ykoAc e-LoSFt
The Zoning Ordinance Section 94.06.01(b)(2) sets forth criteria used by Staff in determining if the proposal based upon
I evidence presented will not have a detrimental effect on neighboring properties. The following four(4)questions are
related to required findings that will be used in the decision process. Please respond to each of them by indicating how
they are applicable to the property in question.
1. Is the proposed Administrative Minor Modification consistent with the General Plan?
5.4 sF AA
i
9 2. Explain how neighboring properties will not be adversely affected as a result of the approval of the minor
modification.
�4 TH\L [Y\pO�G,G.cr�o� \S JOT tilSl &LE. F2a� %-. el gH6� P IJe2T1ES _._
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3. Explain why the approval will not be detrimental to the health, safety, or general welfare of the persons residing or
working on the site or in the vicinity.
I
TFF rc PA.oD—YLTv
4. Explain why the approval is justified by environmental features, site conditions, location of existing improvements,
or historic development patterns of the property or neighborhood.
Gip TKE r��F\ c�,�LE 15 \�EITEN SERJEp Tu f}t l � T1i l 22H KjN i
P0. IT LL 17 a-, i . pA c.T .J E I Cf 116o21...x. SD(A 1Z NA JECG_ o!L 01 F.
10 A,j WAI
1. 4
Design Concepts
September 12. 2016
Planning Commission
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs. CA 92262-3200
R6: Leonard Road Lot I RS 033/072 APN: 504-192-031
Minor Modification
Case 3.3817 AMND
Planning Commission,
This letter is in reference to 2110 Leonard Rd. This project has been approved by City Council on
September 7, 2016, overruling the Planning Commission denial of the current 10' setback.
The reason for the AMM is to allow a 3.4 sf area on the North side of the residence to encroach into the
maximum building envelope by 7" at the HVAC closet parapet.
The reason for the request now is that this is an existing condition and to modify the roofline would cause a
potential roof leaf if the parapet is cut dow n.
This request would not impact adjacent property owners in any way as this is not visible from any view
corridors of the neighboring properties.
"[hank you in advance for considering this project_
Brian Diebolt
35