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HomeMy WebLinkAbout5/7/2008 - STAFF REPORTS - 1.A. Jay Thompson t1..f r ry�L,1 SP;I From: Jay Thompson 250g i o,`f —I P6'i 12' 24 Sent: Wednesday, May 07, 2008 12:23 PM To: 'Desertrwkps@aol.com' Ct t Y CLEP, Subject: FW: 517 Additional Materials Item 1.A. Appeal Mr. Kenney, I have received your message, and I will forward your comments to the City Council for their review and consideration at the Public Hearing this evening. Thank you for your input. Jay James Thompson, City Clerk City of Palm Springs, California (760) 323-8204 From: Desertrwkps@aol.com [ma ilto:Desertrwkps@aol,com] Sent: Wednesday, May 07, 2008 12:19 PM To: Jay.Thompson@palmsprings-ca.gov Subject: SPAM - Re: FW: 5/7 Additional Materials Item 1.A. Appeal JAY YHOMPSON; it appears as if Mrs- Swizter,has done a lot of work to hide the r.v, but the fact remains, that its too big andcannot be hidden and I believe exceeds the limit as to the allowable size- , As to her denial as to house her relatives in said r, v„ it is well known by the neighborhood, that's the reason for her extensive efforts.,Also,how would you check on this fact , if.the varience is granted---- does the city plan too do spot checks. This area wants to maintain its intergrity for residential single family homes- also it will take many yrs to have the vegitiation grow and fill in to the point , that this would cease to be a eye sore.Must we all suffer this site to accomidate the wishes of Mrs. Swizters. I hope not. I am for the citys denial of her request for a varience.SINCRRLY; Robert W. Kenney. 360-W. PICO RD, Palm Springs ca; 92262 Wondering what's for Dinner Tonight? Get new twists on family favorites at AOL Food. 5/7/2005 ERICJ". GUINAN RECEIVED Attorney at Law CITY CP PALi1 SPRI!'�IC, • 175 E.Mesquite 2 001-M "5 Pi"i 4. 22 Post Office Box 2103 Palm Springs,CA92263 JAHES THWIP Sm (760)285-5270 Fax(760)778-5710 CITY CLg u-t May 4, 2008 Palm Springs City Council 3200 E. Tahgriitz Canyon Way Palms Springs, CA 92262 RE: Appeal of Planning Commission's Denial of RV Permit Appellant: Jackie Swisher Case#RV 07-005 335 West Yorba Road, Palm Springs, CA Dear Palm Springs City Council Members: Please accept the following as Appellant Jackie Swisher's position summary regarding • the issues surrounding her appeal to the City Council of the decision of the Planning Commission to deny her appeal of the Planning Director's decision denying her application for a recreational vehicle permit, scheduled for discussion and vote at the May 7,2008 council meeting. FACTUAL/PROCEDURAL SUNIA11Al2Y Jackie Swisher purchased her home at 335 W. Yorba Road in Palm Springs in September of 2007. Ms. Swisher owns a 2007 Georgetown 38 foot recreational vehicle (RV), which she owned at the time of her house purchase. She was seeking a property where she was permitted to park the vehicle, and was advised by her realtor that she was able to do so at 335 W. Yorba Road. Unfortunately, of course, tlme requirements for RV parking in Palm Springs are a bit more complex than she originally believed. Ms. Swisher was unable to park her RV in an area delineated by Palm Springs Municipal Code Section 11.96.020 and thus was required to request a Recreational Vehicle parking permit pursuant to Code Section 11.96.050, which states: (a) Notwithstanding the provisions of Section 11.96.020, a resident of a residential parcel may park a recreational vehicle in the front or side front yard of said parcel provided that the resident has obtained a residential vehicle parking permit pursuant to this section. • (b) The planning director may issue a recreational parking permit if the director A DI;'1T16NVAL -5/ ��9 finds that compliance with Section 11.96-020(3) is not possible or practical because there is no other more suitable location on the property for the parking of the recreational vehicle. This fmding may be made if such other location would required significant physical remodeling of structures, the removal or significant native vegetation, or otherwise be a hardship to the applicant. (c) Any permit granted hereunder must be subject to the following conditions.- (1) Only one pen-nit may be issued per residential parcel. (2) The pennit must identify the recreational vehicle by license number. Said vehicle may not exceed twenty-four feet in length unless the length in excess of twenty four feet can be parked within the allowable side-yard setback as otherwise provided in this chapter. (3) The permit must identify where on the parcel the recreational vehicle may be parl<ed. (4) The recreational vehicle must be screened from view from surrounding properties to the degree possible as determined by the planning director. (5) The recreational vehicle must be maintained in a clean and usable appearance . (6) The permit shall expire upon the applicant's termination of the residency upon the parcel. (7) The parcel must be maintained in accordance with Section 9319.00 of tie Zoning Ordinance. (d) The applicant with the permit shall pay a fee as established by resolution of the city council which may be amended from time to dune. Except as provided herein, the permit shall be processed in accordance with the procedures in Section 9404.01 concerning land use permits. In the event that the director believes that conditions of the recreational parking permit have been violated, the director may revoke the permit by proceeding in the same manner as for revocation of a land use permit under Section 9402.01.D.5. By letter of November 7, 2007. Director of Planning Services Craig Ewing denied Ms- Swisher's permit request on the sole basis that Plamhing Services believed she could not comply with Section 11.06.050(c)(2), e.g. it did not appear possible to screen the unit from the view of surrounding properties. See "Exhibit A." Ms. Swisher appealed Mr. Ewing's decision to the Planning Commission. She also embarked upon a series of improvements to improve the screening of her vehicle. Those will be discussed in detail later. Unfortunately, all of these improvements were not in • place by the time of the Planning Commission Meeting on January 9, 2008, and here appeal was denied by a 5-1 vote. See "Exhibit B." Ms Swisher's appeal to the City Council follows. ISSUE PRESENTED The issue before the City Council regarding Ms. Swisher's appeal is whether, based upon the location of the RV, it appears possible to adequately screen it from surrounding properties. It should be noted that the two other variables within City Code Section 11.06.050 in the control of the pernvtee, which are velucle maintenance per 11.06.050(5) and side-yard setback per 11.06.050, have not only been met but exceeded by Ms. Swisher. Her RV is not merely well-maintained, it is brand new. MS. Swisher is required to park 14 feet of her RV within her side-yard setback: as it is presently located 20 feet within the setback. POSITION OF APPELLANT Ms. Swisher would submit to the City Council that not only can her RV be screened from the view of the sunrowiding properties, but that it presently is screened from those properties. "Exhibit C" shows Ms. Swisher's RV parking area as it existed at the time of her initial application to the planning department in October of 2007 and its present appearance. The following work has been performed: 1. The fence was removed behind the RV and a new iron fence was installed allowing the RV to be placed 20 feet within the side-yard setback, 6 feet further back than required by Section 11.06.050(c)(2). 2, The RV parking area has been leveled and lowered by 3 Peet, and a retaining wall/ planter installed on the west side of the RV. 3, Eighteen 15 gallon Cypress trees were planted to screen the entire eastern side of the RV, which, in addition to the garage, effectively Screen the entire western view of the RV. See "Exhibit D." 4. Fourteenl5 gallon Cypress trees were planted on the western side of the RV, in addition to the large Bougainvillea bushes that effectively screen the entire western side of the RV. See "Exhibit E" 5. Fourteen 15 gallon Cypress were added to the southern side of the property behind the RV to assist in screening the RV from the northern view of the 0 neighbors belvnd Ms Swisher. A mature focus tree was planted at the cost of • $1,000 in the northeast corner of the lot to further screen the RV from the view of rearward, southern neighbors. This is in addition to three existing trees including a massive existing ficus tree. See "Exhibit F," depicting these plantings as well as the existing vegetation south of the RV_ Finally, as a condition of approval of her permit, Ms- Swisher will install a gate on the North side of the RV at the maximum.allowable height, effectively screening the RV from 360 degrees- Almost all of the screening will come from either the side of Ms- Swisher's garage or natural vegetation. COMPARADLES Please see "Exhibit C,"which shows comparable RV's parked within the vicinity of Ms. Swisher's residence. Ms. Swisher makes no representation as to the permit status of the attached RV's, or whether their screening status complies with Palm Springs city code, as that is not the issue before the City Council. The comparables are shown merely to demonstrate the aesthetic screening Ms. Swisher has provided her RV versus others in the area. She would submit that not only is her RV screened from view, but that it is tastefully screened with environmentally friendly materials. Ms. Swisher is not merely attempting to comply with the relevant code requirements, but to comply in fashion that shows both concern for her neighborhood and pride of ownership, a concern which reflects positively on the City of Palm Springs. • LOCAL OPINION When Ms. Swisher initially applied for an RV permit back in October of 2007, some neighbors filed objections to the permit, prominent among these objections were ones filed by her immediate neighbors to the west, Mr. Bruce Bohl and Mr. Mick Johnson. As the pictures demonstrate, Ms. Swisher's RV is almost entirely obscured from an Eastward view. Ms. Swisher has obtained the signattres of 34 separate local households which support her RV permit request. In addition to Mr. Bohl and Johnson, 12 other households signed as opposing her request. Those negative signatures were obtained when Ms. Swisher's RV parking area looked very different than it does today. The positive and negative responses and their mapped locations are depicted in "Exhibit H." Additionally, it has come to Ms- Swisher's attention that some misinformation may have been spread about the use of her RV. When recently contacted about Ms. Swisher's request, the resident of 360 W. Pico Road advised that he had earlier been told that Ms. Swisher intended to use her R-V. to house multiple family members. This is, of course, not the case, as that would not be a legal use. Ms. Swisher owns a business in Hamiibal, Missouri, and frequently uses her RV for business trips to that location. • . FURTHE R SCREENING OPTION If, for whatever reason, the City Council does not feel that the RV is sufficiently screened, it would be possible for Ms. Swisher to move the existing iron gate behind the RV back approximately 9 additional feet, further reducing the RV's footprint outside the side-yard setback by that length. Ms. Swisher feels she has taken every necessary step to screen her vehicle without this extra measure, and her RV is already parked well within the setback requirements, but if the council feels it is necessary, she is willing to take that step. CONCLUSION Appellant Jackie Swisher's RV is presently screened from all directions pursuant to Palm Springs Municipal Code Section 11.06.050(c), and will only become more effectively screened as her cypress plantings mature. She respectfully requests the City Council to grant her appeal, reverse the decision of the Palm Springs Planning Commission and grant her RV permit. Thank you for your consideration of this issue. Sincerely, Eri J. Guinan Cc: Ms_ Jackie Swisher Mr. Scott Taschner Mr. Craig Rw7ng City Planning File • t 1 City of Pam Springs V W Department of Planning Services 3200 P.Tahguica Canyon Way • Palm Springs,California 92262. c �¢ Tri:(760)323-8245 • Pax:(760)322.8360• Wtt+:www.p2hAsprings.c.k.gov g6r>;ox� November 7, 2007 Jackie Swisher 3%V. Yorba Rd Palm Springs, CA 92264 RE' Recreational Vehicle Permit No_ 07-05 Dear Mrs. Swisher, In response to your request for a permit to park a Recreational Vehicle at the above address (received October 9, 2007) staff has conducted a number of site visits to your neighborhood, including viewing the vehicle from adjacent properties and the street. • We also considered your site plan and certain discussions you held with Palm Springs Planning Technician Scoff Taschner regarding options for relocating the vehicle on the site. On the basis of the information learned from our investigations and the requirements of the Municipal Code for parldng recreational vehicles on residential property, this letter is notice to you that your permit request is DENIED. The reason for this action is that it does not appear possible to park the recreational vehicle anywhere on the site such that it would not be significantly visible from either the street or from adjacent properties. Given the size of the vehicle (38 feet in length) and the proximity to adjacent properties, there appear to be no reasonable options for screening the vehicle as shown. Section 11.06.05D.c of the Palm Springs Municipal Code states: (c) Any permit granted hereunder must be subject to the following conditions: (1) Qnly one permit may be issued per residential parcel. (2) The permit must identify the recreational vehicle by license number. Said vehicle may not exceed twenty-inur feet in length unless the length in excess of twenty-four feet can be parked within the allowable sideyard setback as otherwise provided in this chapter. (3) The permit must identify where on the parcel the recreationf vehicle may be parked. (4) The recreational vehicle must be screened from view from surrounding properties to the degree possible as determined by the planning director, (5) The recreational vehicle must be maintained in a clean and usable appearance. (6) The permit shall expire upon the applicant's termination of their residency upon the parcel. 000011 4 - • Recreational Vehlclo PormIt No. 07-05 111WO7 355 W.Yorbe Rd-I Swisher Residence Page 2 of 2 (7) The parcel must be maintained in accordance with Section 9319.00 of the Zoning Ordinance. Based on the proposed location of the RV, it does not appear possible to screen the unit from the view of surrounding properties. You must remove the recreational vehicle within fifteen (15) days of the date of this letter or be subject to further enforcement action, including possible citation Please be advised that you may appeal this action to the Planning Commission, but must do so within ten (10) days of the date of this letter. Your appeal must be filed in writing with the Department of Planning Services in City Hall, including the required appeal fee($296). *rhannk, ng, CP JO I ni g Services cc; Scott Taschner, Planning Technician • • RESOLUTION NO. 7121 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING THE APPEAL BY JACKIE SWISHER AND UPHOLDING THE DECISION OF THE PLANNING DIRECTOR TO DENY CASE NO_ RV 07-005. WHEREAS, Jackie Swisher ("Applicant") has filed an application with the City pursuant to Section 94,04.00 of the Palm Springs Zoning Code for a recreational vehicle permit located at 335 West Yorba Road, Zone R-1-C, Section 3; and WHEREAS, on November 7, 2007, after careful consideration of staffs analysis, including several site visits by staff, an analysis of the visibility of the recreational vehicle from adjoining properties and the street, consideration of the plan, and consideration of neighbors complaints, the planning Director denied the request for a recreational vehicle permit; and WHEREAS, on November 14, 2007, Jackie Swisher, the applicant, filed an appeal of the Planning Directors action in accordance with the City's procedures; and • WHEREAS, on January 9, 2008 the Planning Commission conducted a hearing on the matter, at which hearing the Planning Commission carefully reviewed and considered all of the evidence presented in connection with the proposal, including, but not limited to, the staff report, and all written and oral testimony presented, THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The following required findings for the Recreational Vehicle Permit (Section 11.96.020(a)(3) of the Palm Springs Municipal Code) cannot be met by the proposal, as follows: A. The vehicle is screened from view from any adjoining properly or street. It is not possible to park the recreational vehicle anywhere on the site such that it would not be significantly visible from either the street or from adjacent properties, Given the size of the vehicle ($8 feet in length) and the proximity to adjacent properties, there appear to be no reasonable options for screening the vehicle as shown. SECTION 2. The following guidelines for the parking of recreational vehicles (Palm Springs Municipal Code Section 11.96.050 (c)(5) cannot be met by the proposal, as • follows: 1. The recreational vehicle must be screened from view from surmunding properties to the degree possible as determined by the planning director 00002 7 • Cased on the proposed location of the RV, it does not appear possible to screen the unit from the view of surrounding properties, NOW, THEREFORE BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby denies the appeal by Jackie Swisher and upholds the decision of the Planning Director to deny Case No. RV 07-005. ADOPTED this 9 h day of January, 2008. AYES: 5, Scott, Ringlein, Marantz, Hochanadel and Cohen NOES: 1, Caffery ABSENT: None. ABSTENTIONS: None. 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Villa Ct(510) a . .... .._...._... a .V;A SAN DYAAS lR5 VEGAS' r �$.c` ,. ... . i....i'f+>.� .. ..... RD a: n z 2' 2 u u°"i Cla C". _ `; u. N';z a O F �`� �?FELtr52 ' w a ECsI{ nJ OASIS RD P.F.FAE_ OL . a 3: ❑VIR SAN RAFAEL.._c SAN €pICHAEL� - i i57- n F'OLSp{ z 4E3�� ?' vc:i �n O.P,D. ❑:., ❑ / l r r.. -�i;r. ....�'i�. :J "69 ST C. __ I CAR4Aji6N S7 S=f LOi'J Ri L�ViSEY D P_o.P'ND 5 slia �•- : O LN �C<IV { ?`'�'._-,m . >: ,t.� ;,5.,• RD a os s. ❑ .. : CEARA 111N Z � 3 re O`ULY ST. n [ � '< 11. .. j, SAN f' RCOYJY_;�, - q PALM SPRINGS C' . ,.a . ... . .. E:RAi G15 Q' TOURfSfvf� -,�•-51�0'%=L. r: o _ L&Us LCM SU7r'+aS.. VISPTOR- = i. . 'i,�� ',`;,A,v%IuC �= Q SYCEL°.:Q"c Lf,R; .Z1RCI€! x Cli: 4 .GEA�.Ti Y', _ 2 __ G'u«r;T Y;Il14L'J,G6 a0 _CI ..y` .`` wHC'� :u CAP.: '❑ .CV ' '% r� ! .,. SJ DEFT v.QLEY.C1,4? V+'TO:a/J s i?AQUA'¢ ...Li G[EtASOL CT �9 '.i� F�� J� a , GANOYM RD p_ P.Pct,Q�IF CLUB . .........:..kos�� SAF='Iar.L=Vi C ¢: GLEN CIR N: SP'c^6Gi"_D? #'A11L44RDm RD ¢ . ;u - �� a F= �. u� Esr ;ua Q, j EswsuD� CIR o c 4i %ACC 61€ C. —:r i3. cm ISO�t 1 I,IE A v �F� J n;.................... 2 LPA ...r ... .._ ._.. CL COEMNSTA::02 ROSQ,A a EL CID OU P! [', _ c 1f;a_. ..,•. .....ccar a Ff€7,.., SF 1fYf1.ELE.. .1IAL QD L , sa• �. �-` . .JY4�S..e... ❑ :g k �' -w: EL €ESCUOSIO Mjg t cis , s LQ:,s,. cvc Est€Iva c9 +'•'Q�h. P ..g iti A �: ce.Ll .D:i i - .......... ._..i.... a P: _CI7Ei iC L4 2:P.f: • May 5, 2008 I Approve the RV being parked at 335 W Yorba Rd, Palm Springs, California 92262 based on permit request number RV0705. Print Dame Address Signature �J r / d °N zA 1 1, A�Lf WA6. I� 7'rr �4 f•''r(c5_l� .l it �/:ih Jl�/Y49 � "' 12. ���r.�1 Z(�c`7 w ✓� w 13. Z 5 is. 16. 17. 18. 19. 20. 22. 23. 24. 25. 26. 27. • . Party:.laciae Swisher 335 W Yorba Rd. Pahn Springs, CA 92262 (760) 778-1690 Addressing: Surrounding Area(Yorba Rd/North Palm Springs) This is local petition regarding the RV parking regulations in our community. Jackie Swisher is a new home owner in North Palm Springs and has purchased a home in your area. A recent dispute between she and her neighbor has brought up some concern. Jackie Swisher has made (with compliance of the city) an RV parking area on the west side of her home, the dispute with her neighbor is that he claims that she has made this project against the city codes of palm springs regarding RV zoning regulations. This Document is a statement that you agree with Jackie Swisher and that she should be allowed to park her RV on the land she owns and that she has made all the improvements within all city codes. We thank you for your corporation,. Please provide your signature, phone number and address for validation purposes. Name Address Phone Number � i X X X X X X • May 5, 2008 1 Approve the RV being parked at 335 W Xorba Rd, Palm Springs, California 92262 based on permit request number RV0705. Print Name rr Address Signature 3. •`�na, Wz,r � -•� �-�'s�e� Say-'-4-ra �t,..ra-(ZO ��ry� 4. (r`/ Aill n,4- u yea 7. V. 8. 9. 1 _`4JC_I-� ' r l (J , .��`• �e vUle�ir 2c(1, � '��^- 12. 13. • 14. 15. 16. 17. 18. 19. 20. 22. 23. 24. 25. 26. 27. • May 4, 2008 Z approve the RV being parked at 335 W. Yorba Rd, Palm Springs, Califorriia based on permit request number RV0705. 7 I / f w 6 '�7 ( C S ;Pi Cc) Ltz, ,a J � U �. r ' • May 4, 2008 I approve the RV being parked at 335 W. Yorba Rd, Palm Springs, California based on permit request number RV0705. �f 'zLr% r e Regarding, Permit Number RV0705 ;petition acknowledges the neighbors v are opposed to any Recreational Vehicle that will be parkedvi the front yard located at 335 W. YorbL ..a; Palm Springs, CA 92252 Print Name Address Signature s / Al • r /( �--r 4. s. - 7. 9. 9. 12. 14. _ 1820. RECEIVEV /2 - /7 d � . . _� ! f 'LI Regarding: Permit Number RV0705^^y -:petition acknowledges the neighborG 110 are opposed to any Recreational Vehicle that will be parked in the front yard located at 335 W. Yorba A, Palm Springs, CA 92262 Print Name Address signature 2. 3. rl V tS I 070 5. 6. 7. 8. 9. 11. xz. 13. 14. 25, 16, 17. as. 20. ,t ' fi pia PLAINNII r4� vii C 7 .• fir. G�� �"_. . .�.e �err .,. " �Fc�i...t�• � a35 ` Ct1 1 Cc3r�to 5s d J 4"gs- 77 era r��nn.a' xai. OCT 21 Sol • ��aQZ� It i ems' e rt, , �,,�.. } � FF ,�':, � -� � • �,,f i' .�..�-�' L_'°mow e� a it I -7r�St �� t .�;A.' y, �-� Y r�r.{1 p� : ^4 •��r:t r� a { 2 �c^1 / ' e i - . i , .F' .. ;,pl[ '!`• ;may �:•� T .�.�=rt.� x-_• �•✓ ��' r ICI / `• h a _ mod'' 'In•. �..:. - .. •. y�J{� � �'�'_� j � i \ .1 ' kj e ' .1. a_. _ !+.'. „ ''i " ► :p a It ol _- ,' _ s ' ; ,� � 'I 1, `� 1 , \� , • /, T� ':ram' - " r i / ems=_�- O�pALM SAR V n k Bq<1FORN`V, CITY COUNCIL STAFF REPORT DATE: -AffWt6-2868 Coc•E'r rnf Uk� " A-q 1 a 2009 SUBJECT: JACKIE SWISHER — AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION TO DENY AN APPEAL OF THE PLANNING DIRECTOR'S DECISION FOR A RECREATIONAL VEHICLE PERMIT, CASE NO. RV 07-005, ON THE PROPERTY LOCATED AT 335 WEST YORBA ROAD. FROM: David H. Ready, City Manager BY: Department of Planning Services SUMMARY The City Council will consider a request by Jackie Swisher to overturn the decision of the Planning Commission to deny a recreational vehicle (RV) permit on the property located at 335 West Yorba Road. Since the Commission's action, the request has been revised to include an additional proposal for the parking location of the 38 foot long RV. RECOMMENDATION: 1. Open the public hearing and receive public testimony. 2. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING AN APPEAL BY JACKIE SWISHER AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO DENY A REQUEST FOR A RECREATIONAL VEHILCE PERMIT FOR THE PROPERTY LOCATED AT 335 W. YORBA ROAD." PRIOR ACTIONS: On November 7, 2007, the request for a Recreational Vehicle Permit was denied by the Director of Planning Services. Item No. 1 . A . City Council Staff Report April 16,2006—Page 2 of 3 RV 07-005 Appeal of PC decision On November 14, 2007, the applicant filed an appeal of the Planning Director's decision to the Planning Commission. The letter is attached to this memo_ No additional information orjustification was provided. On January 9, 2008, the project was reviewed by the Planning Commission which voted to deny the request (by a vote of 5-1-0; Caffery in favor of the request). Minutes of the Commission meeting regarding this request are attached. On January 9, 2008, the applicant filed an appeal of the Planning Commission's decision to the City Council. The letter is attached to this memo. The applicant has proposed an alternate site plan which proposes locating the RV further back from the street. The applicant also requested the City Council appeal date be moved back to April 16, 2008. STAFF ANALYSIS: As noted in the attached Planning Commission staff report and related exhibits, the request for a RV permit was denied because there seemed to be no reasonable alternative for screening of the RV such that it would not be visible from street and adjacent properties. Staff believes that both the original site plan and the alternate site plan (which proposes relocating the RV even further back) will still not sufficiently screen the vehicle from adjoining properties and street due to the size (38 feet) of the RV. Staff also notes that the client has proceeded with modifications of the site, at her own risk, with the intent of parking of the RV on the site. These modifications (building permits) were subsequent to the letter of denial sent by the Director of Planning on November 7, 2007. The building permits that have been pulled in relation to the proposed RV parking area (wrought-iron fence, b-b-q area, sink drain, and gas line) are attached. Staff advised the client to represent all proposals (for relocation, installation, and construction of walls and/or fences, and landscaping) in plan form only. There has since been relocation of walls and/or fences, and the addition of a considerable amount of landscaping has been installed with the intent of providing additional screening of the recreational vehicle. FISCAL IMPACT: None. 7 I wing, AI Thomas Wils�!Assistant City Manager Dire or of Planni Services 000002 City Council Staff Report April 16,2008—Page 3 of 3 RV 07.005 Appeal of PC decision David H. Ready, City Mana ATTACHMENTS: 1) 400' Radius Map 2) Site Plan - Original, dated October 9, 2007 3) Site Photographs - Originals, dated October 9, 2007 4) Written complaints from neighbors 5) Letter of denial to the applicant, dated November 7, 2007 6) Letter requesting appeal to Planning Commission 7) Site Photographs, dated December 10, 2007 and December 12, 2007 8) Building Permit C 20525 9) Building Permit C 20583 10) Planning Commission Staff Report, dated January 9, 2008 11) Planning Commission Resolution, dated January 9, 2008 12) Planning Commission Minutes, dated January 9, 2008 13) Letter requesting appeal to City Council 14) Signed Petition from neighbors opposing the granting of Case No. RV 07-005, dated January 30, 2008 15) Written Description of additional proposals for parking of the RV 16) Site Photographs, dated March 5, 2008 17) Email from client asking for more time before City Council Appeal hearing date 18) Public Hearing Notification to applicant 19) City Council Resolution 000003 r� Department of Planning Services W Vicinity Map S I I II 39NYfi CfiT" nR� I I w vgRSn p r I I �l , T r r J r ... Ml Ro t Senuweoe Legend I �400 Foot Radius Project Site I Surrounding Parcels CITY OF PALM SPRINGS CASE NO: RV 07-005 DESCRIPTION: Appeal of the Planning Commission's decision, to APPLICANT: Jackie Swisher uphold the decision of the Planning Director denying Case No. RV 07-005, to the City Council, for an application for a recreational vehicle permit at 335 West Yorba Road, Zone R-1-C, Section 3. 000064 e� C f � A II I I I I l I I I' ��Y1 •'r}'I� c7iQJ i II �o m Nk -TI i r ' � .hi .' e:,.��'.*F�'{��'^'-j�''✓.-`�,n1 y'i'�ti`..-�ds5y^{ � c5'' p CD N, �,a .� Frey3'; [''�"t - O ' •• _ .•�'�_�_,_ - �%i'�� ^,µ'`. c.+is(.i.tc r.�:�r' ':os�m3•F&��'' Y"`"t?ePe1�; "'•�c:':�°`^ .� '�!' �. d3DA RU iij U1900 5 o Zo n-j w �� P o 4 y r us .-a u WA f M� 4 r L r"rt�!';>�F�IA.`Y�^(.''��i•:f:V. ' 1.J•+. .,f.Yl "�1 •8. 9,rt;1,')%'F:�';tf#kl_`Y?)�� . �'.; lC-. :n IN^^nr"d- .y (�i,�.• y17� �.�. 1 ?.�'!.,f': � -.^J �'- P,a1'M�% All .�;�f!r'',�-Y�` 'rj 1,i«!d'^�: y"r.:ter � =,�_;.• a h1y lNj•�ii;?��i��,;�t�,"G'};k�;4m1,�7.y„�,,y.,",Y:.:i14,. �.k':...1•:�iY�'lVw,lai��', ' 't PI��• ;^At='l�r.:.."., tlr . ,� .,ppr ..x",�x 14. y.�,,�_ . Y y�.�A�!�7='(��'Y�•rf+.� aM.:1iSi`.L 1�t .. M1 A.' �, M ��,%�'pnP�Cly1/�M}{5����1�5^4=:� ,nrN��weu '^:E•. ^� � ..L� �. �!ti '1.�\��•3�y[;^SY+v�KLT '"H�ti/,7` '•J ^�� - r3`1yM'Y� i i 1� rixqq S'I't fi `ia>i+..`i1..F:ti?;: •.,i.;G.L�;. _N'w;"i=' ' �niti��n �l' F � E•�"r ''wi i�9; � {r�4i,''Y,iy' •lx.�d,ur v;'e - ;4j;�i:n,?3',l':3'..: srMa'.' �4r, „�g y_.•; 4,. ,la�, �• "�154e-w�� S�r}.r1 ..' ..��klM� lt'`'• '`T'��y+'d v� �.�u� 101 `t r�"r";r.':r �'iy;i�� �'i' _ 'kl u•,�'aM„nf,+�r.., 'J ,. Goo 9 ✓,'Y��' ' 1'I��'Y'M1yft%',i:,.li.��i�: � T ..�" ^.1,*,�° -5 ei'. 1 � �nl' .fl„�'.r:�•.:.i t"P,'":'�'r -'•'T s' '�•, A .LM ;+? � ,�_i 'g'ar:a4.'*�u'�.',:�ili�a"<� k .1 .i�A� �•'h.S"::.v.y_ r 1 I MR.SCoTTTASHNER OCTOBER 315r. 2007 CITY OF PALM SPRINGS PLANING DEPARTMENT 3200 EASTTAHQUITZ CANYON WAY PALM SPRINGS. CA. 92262 RE: MONSTROUS RV PARKED AND RESIDING AT 335 WEST YORBA ROAD PALM SPRINGS,CA.92252 DEAR MR.TASHNER: - THE RV IN QUESTION MEASURES A VOLUMINOUS 39 FEET LONG, 10.5 FEET WIDE AND 12.5 FEET HIGH. THE PROPOSED STORAGE AREA UNDER CONSIDERATION IS ON THE SOUTHWEST CORNER OF THE HOME AND THAT AREA,Mll tSURE525 FEET LONG,AND 15 FEEL'WIDE- r NOTE: IN ORDER TO STORE THE RV IN THE PROPOSED LOCATION A) THE AIR CONDITIONER FOR THE HOME WOULD HAVE TO BE REMOVED. B) SEVERAL LARGE TREES WOULD HAVE TO BE UPROOTED AND REMOVED, C) A STORAGE SHED WHICH THE NEW OCUPANTS HAVE VERY RECENTLY INSTALLED 6 INCHES FROM COMMON BRICK WALL AJACENT TO OUR YARD WOULD HAVE TO BE REMOVED- D) PART OF THE LIVING ROOM WOULD HAVE TO BE REMOVED WHICH EXTENDS 2 FEET FARTHER OUT FROM THE WEST WALL E) THE UNKNOWN WEIGHT(PROBABLY EXCEEDING FOUR TONS) HAS CAUSED THE YARD GRAVEL AND SAND TO SHIFT ON ONE SIDE LEAVING THE RV TILTED CONSIDERABLY. THIS IS THE FIRST OVERSIZED RV I HAVE SEEN IN PALM SPRINGS-THERE IS NO ROOM ON THE TINY LOT TO HIDE IT. PERHAPS SOMEONE ON YOUR STAFF WITH CONSTRUCTION OR ARCHITECTUAL KNOWLEDGE SOULD SURVEY AND CONFIRM THESE ACTUAL FACTS AND VERIFY THE MEASUREMENTS. ONCE WE START ALLOWING THESE EYE SORES(WHICH I DISAPPROVE)TO PARK IN OUR NEIGHBORHOOD, MANY MORE WILL WANT TO CHALLENGE CITY CODES IN ORDER TO SAVE MONEY ON STORAGE FEES,TURNING OUR NEIGHBORHOOD INTO A SUEDO TRAILER PARK. PICTURES ENCLOSED AND NUMBERED CONSIST OF' 1) RV PARKED IN YORBA STREET NEIGHBORHOOD. 2) RV LOCATED AT 335 WEST YORBA ROAD. 3) RV TILTED TO ONE SIDE- 4) RV HEIGHT IS TALLER THAT HOME. 5) PROPOSED RV STORAGE SPOT- 6) A.G.•TREES,STORAGE SHED,SIDE OF THE HOUSE NEED TO BE REMOVED TO ACHIEVE REQUIRED SPACE FOR RV. BEST WISHES, i AO BRUCE 6OHLAND MICK OHNSON HOMEOWNERS: 363 WEST YORBA ROAD PALM SPRINGS,CA.92262-1963 REMftMJJ NOV 02 LL,n pLA*84%R� ionno3 - I October 31a,2007 Mr.Scott Tashner City of Palm Springs Planing Department 3200 East Tahquitz Canyon Way Palm Springs,CA. 92262 Dear Mr.Tashner: My name is Rodell Henshaw and I reside at 255 San Carlos.I'm concerned as many of my fellow neighbors are about the city of Palm Springs possibly allowing a large oversized recreational vehicle to remain parked in the front yard at 335 W.Yorba Rd.A friend of mine stopped by this home and asked to take some measurements and found that the R.V.is much too bulky to fit on either side of the home. Could someone from your office drop me a note pertaining to the city codes in regards to large R.V-'s Boats and the such.I seem,to remember something about these types of vehicles need to be well concealed from the street. Sicerely, Rodell Henshaw 760-778-7123 REM® Nov 02 H61 n GP u G1fCS dGG / n LPl2 `&el y� �v6a- ce-) A 4w ?6a-errs �G�i� Spy W PkA� �Y OCT t woe Qa�M SA'Pr N City of Palm Springs Department of Planning Services •'' 3200 E.T1h u¢z Canyon Way Palm Springs,California 92262 # C�R�DAAT60T " 9 Y Y ' C �P Tcl:(760)323-82�ii ' Fax:(760)322-83G0 • Web:www.paimsprings-ca.gov gtIFOR� November 7, 2007 Jackie Swisher 3VW. Yorba Rd Palm Springs, CA 92264 RE: Recreational Vehicle Permit No. 07-05 Dear Mrs. Swisher, In response to your request for a permit to park a Recreational Vehicle at the above address (received October 9, 2007) staff has conducted a number of site visits to your neighborhood, including viewing the vehicle from adjacent properties and the street. We also considered your site plan and certain discussions you held with Palm Springs Planning Technician Scott Taschner regarding options for relocating the vehicle on the site. On the basis of the information learned from our investigations and the requirements of the Municipal Code for parking recreational vehicles on residential property, this letter is notice to you that your permit request is DENIED. The reason for this action is that it does not appear possible to park the recreational vehicle anywhere on the site such that it would not be significantly visible from either the street or from adjacent properties. Given the size of the vehicle (38 feet in length) and the proximity to adjacent properties, there appear to be no reasonable options for screening the vehicle as shown. Section 11.06.050.c of the Palm Springs Municipal Code states- (c) Any permit granted hereunder must be subject to the following conditions: (1) Only one permit may be issued per residential parcel. (2) The permit must identify the recreational vehicle by license number. Said vehicle may not exceed twenty-four feet in length unless the length in excess of twenty-four feet can be parked within the allowable sideyard setback as otherwise provided in this chapter. (3) The permit must identify where on the parcel the recreational vehicle may be parked. (4) The recreational vehicle must be screened from view from surrounding properties to the degree possible as determined by the planning director. (5) The recreational vehicle must be maintained in a clean and usable appearance. (6) The permit shall expire upon the applicant's termination of their residency upon the parcel- 000011 l r Recreational Vehicle Permit No. 07-05 11r7/07 355 W.Yorba Rd./Swisher Residence Page 2 of 2 (7) The parcel must be maintained in accordance with Section 9319.00 of the Zoning Ordinance. Based on the proposed location of the RV, it does not appear possible to screen the unit from the view of surrounding properties. You must remove the recreational vehicle within fifteen (15) days of the date of this letter or be subject to further enforcement action, including possible citation Please be advised that you may appeal this action to the Planning Commission, but must do so within ten (10) days of the date of this letter. Your appeal must be filed in writing with the Department of Planning Services in City Hall, including the required appeal fee ($296), Thank ou, r winTnigp� Qirector of PI ervices CO.- Scott Taschner, Planning Technician 000012 007 0 1 3m RECEIVED Mr. Bruce BoW RECEIVED P ca 2007 t. CEMµ� jrl Tr~bcv— U) Aa ,(, PLANN1NGgE► aids 2 . OE-*S -tEr~C� 5VS as..� 0 S rre v Ts S ,24- N�LoQ U C AZZ� 1 to 5-CA E:-9 l d' -E Ace, SLvvt 6c. t >—W ALL. 'PnS rt6-LA. '� . 7r7bL.c... �c-ANTS LauaScaPEg ` ��' ��gw� �`I r �V• + S 't7h�rCE9 � 2tst� ��NGG, !'r' W ► Lt� s;rc);L oL)T- Pl-vS I -7 r rx-,;� Support Our Troops Remember Our Veterans YQUi26r- �"f_ Utz 53�rt p rr�1j ►a� dP�d Ql) . _= •,"-� a�Y - ,4-mot ' w a4 , a�' _... ... /� ..�}'Ir. I`a•Jis •. r �r✓• - •q- �_I 1� �r ff, 1�J1 •a .�� �'ca'e.�,eq;.'�i:,�-_.ri3;•�aT.�.,�+�}?�y.ir;.'��`x'r':`-:T.�E a',j✓.�w,,. _ w �`I.<.5i'.A. l .' .x•?Y Cr,.�i,'�'a3t'it r' "Y id +�J.` ':.v_'-_.•:.. -- . �L�-"e✓Ic��.�A,v.,.A�•:^�1.i�f..r.�-�t��r..y:.Z'. _ 1N:t�a�/�'".4��[a���_:._ r.��=.. �_ .-•S�• _ L'0� t y�t �✓'(gi�pp) n c.:�r,��� . . ;�'t-�_:�G$'��`1rY�7+iA.� "+�A'JJJ•hf)))���.7• 1 y._; �'�a•r �'r .'•'ram' -'s.:d:r�;�+i.ti�:?d'�,,,%y,ki'ar"� _� `. �•. *16 + 1� l 1•. t. '1h rt A i g�� ' r� Y4•'"5 a`,' k :' :'i, . ,fir ' �iY� �� ._ •'Il,•• 3 �.1" �6;''f�e''.A • fj?,21 7vyCt'".K_$'y .'�`A} Y -• :.T�lj.� r�1ll�Y �.,�low ., nwq - p� 5:.T`—�`�/�_ - r....•,.. � i�7 Huai_, `:-_. - �;ti�� y �v?���5 r�� sf,;. xi_fry 14 +!,' . •a r 'L,���„�n1 �.m '{ : h � y}fin}1�,.�i¢��,9 lw�- :-,•e. � 9al". . . 'L� '...� '`y :�. ' ..�. _ � ._ air i .m rn i, P• rrrr rl M Q 07 - 05 -7� co � Ok T T 4,21 CA'11,jr ue, 1A z-e E '"4Y ze ��IZ22 r�0 vo via Lf 12, co G.- LV, LV C 7 - 0 5, ?1J orc '"`" '�• City of Palm Springs Z c °a<,roKH r BUILDING PERMIT F nTechnkLm Mark Nalthour DAYP PLAN CHECK PWa CHkc( CASE B E M P EP HP SUBMITTED 12/6/2007 NUMBER FEE NuMBlR PERKM X Ow^a nddias Phom state Lk Number SWISHER SAME CA mntrecmr Address Phone state uc.Numller SINCOMS CONST- 31855 DATE PALM DR. , CAT. CITY 250-301 CA G8134 Architect A4dre4 Total valuo of works 1, 000. 00 S".,Agnxmmt R Enginiw A{Idress Scholl Fee rix unlw 0 Lot F HkKk 3 TrNct BuINNtp Awnns Rulkling PmMt 7 H SPAULDINGPSEST 0335 YORSA ROAD 001-3mal 41. 68 Lot ske Zone HPkaht Omq -AA No. YPeI AMa min Check RIC R3 19 FT 001•w301 0 . 00 Setback-,As Front 5de Sldp Near Patal Numloel SMIP Tax Constructed 504-111-007 oofa7lu 0. 50 Square Cul%Ly Gatage/Caport Foam tact✓Pam -MbPnm Footage o it 3m!;a 2. 60 U,'f yptuing SNIP type P k Type Q:inl,Typo Flre Salnkb unity Nita 5<w a Pmnrc Tsswricc Single Fam Res I MSC w1-3z2aa 25 .26 Class of Addtkim Alteratials Repair Remodel RC , Replace CmstnreOari Tau Work X gg1.31601 0. 00 Dexnbe werk in detail:/..Lh• �l Q J.v yi •• oa.F.r�M�wfMtL '-T AT SZDZ PROPERTY LINE 6 FT om-32zlo 0. 00 HIGH 8Y 19 FT LONG, 2�, Cwtutht Peml! 001-32203 0 - 00 Sewer InspLibn 1111 0 • 0 0 spKial Cpxlldans- 5m Main 120-387M O- 00 Sewn Agreement TM 0. 00 sl;.e<e �Pn rep DO NOT CONCEAL OR COVER ANY MNSI RucnON UNTIL THE WORK 151N5PEUED 420-39703 � 00 TM PDRTANT DwOge r; 0 . 00 The Issuance of this permit shall not be held to he an approval or the violation of any provisions OF any TUMF Fea city or county ordinance or state law. 134,33110 0 . 00 Inspections of work are sub)ect to an approved set of plans being on the Job. Changes to plans are Piz Fill,Fee not to be made without permission of the Building and Safety Divisions. 0 . 0 0 PWk Arc F[e The owner and/or contractor Is responsible for establishing all property lines.A31 utilities must be 10-34390 0. 00 underground. Planning Fee This permit will expire if work is not started In 180 days or If more than 180 days elapses between 001-34303 0 . 00 inspections. Yrchngbgy fee I certify that I am familiar with all requirements of the lily of Palm springs a5 they apply to this permit 261.32214 1 .30 and understand that these requirements must be completed prior to final inspection and that no (kneel Man MaIrL Fee certification of occupancy will be Issued until such time as these requirern0t5 are met I Certify that DOI-34310 0 . 00 I have read this application and state that the Information Is true and correct. ft I G' Aj )12-6 -07 OTAL FEE 71.36 owros vc0rmucroy err DATE b �Y, This Is a Building when properly Filled out,signed and v-alldaled,and Is not transferable. 47�` �r +� r INSPECTORS COPY EFMIT NUMBER C 205 Z5 000020 City of Palm Springs ' BUILDING PERMIT OierFDA~S~ Perm"Techni n Mark Walthour DATe PUN Cl ICCK atpN CHOCK SASE e E M P EP HP SUDMITTEM 12/13/2007 NUMBER OTC FEE NUMBER X X Q-M AdOnge Peale stag Lk NumDcr DACXIE SWISHER SAMZ CA Wnpxtor Addr,t Phase 5ww UK,NNmOer SINCOMB CONST. 31855 DATE PALM DR. , CAT. CITY 250-9071 CA 68134 Architect Addnns Told value of work 5 2, 500 . 00 scwc.ADmemcnt0 Enginmr Aydn� Fee Flm,m Units D LIX A BM N Tract Buikkq Addms; 0ullhng Permit 7 H SPAULDINGPSEST 0235 YOREA ROAD ovz•3zz0a 124 .36 Latium Zane H,i,ht occumnq AA.No Toni Area Pon Chetlt R1 C I R3 001-34301 0. 00 Setbacks As Priam side SW Rear Par xl Number SHIP Tax Constructed 504-111-007 MI-37111 0 .50 Square eulldm, -- Garpe/Gryort x fixl Fat./ft� Mkramm Footage MI-31309 5 . 00 Use er eulldin SMIPType Permit Type Cdut.Iyie Fke Sprinker units New sex Cn Panlit=wnx Single Fam Res 1 SFA 0 0 MI-322o4 75 . 84 Gass Of Nem Addidorts AXI-ations Repair Me M Rmxtrral nePkx, Conatruchon Tax Work X MI-31MI 0 . 00 0e=ile wark in d!mil Od.lbe/Rmw/Mlsc PERMIT TO CONSTRUCT B.B.Q AREA.IN REAR YAR. 001-32210 O. DO NEW WAIST LINE. USING EXISTING WATER & 3/41' OAS LINE Cmstnxvm Penult ( STUDOR VENT ON EXTERIOR SINK ONLY) 001.3RR03 0 . 00 Sean Insteetbn 001.3220Z 0 ,00 Bpeaal[]md'hm. Sevier MeF 420-3e7N 0. 00 sewer Apm;ment TA,, 0 . 00 S—, cr CannccRin rcc 00 NOT CONCEAL OR COVER ANY CONRTRUCTION UNMI.THE WORK 1s INSPECTED •120-30703 D • 00 IMPORTANT Drainage Fee 0 . 00 The issuance of this permit shall not be held to be an approval of the violation of any provisions of any TuMr ree oty or county ordlnance or state law. 134.331I0 0 . 00 Inspections of work are subject to an approved set of plans being on the job- Changes to plans are Ml'.rill",Px not to t>e made without permission of the Building and Safety Divisions. 0. 00 PWi{ Arc Fee The owner and/or contractor is responsible for establishing all property lines,All utilities must be ISD-34390 0 . 0 0 undurground- Plaan,N Fee This permit will expire if work is not started In 180 days or If more than 180 days elapses between 001-34303 0. 00 inspections. Ttt't boy fee 261-32314 3 .2S I cemfy that i am familiar with all requirements of the Gty of Palm Springs as they apply to this permit Gmcmi Pon Maim Fpa and understand that these requirements must be completed prior to final inspection and that no 0 . 00 certification of occupancy will be issued until such bme as these requirements are met. I Certily that 001-34310 I have read this application and state that the lnformabon is true and correct. �j /2-13-e)7 A`/ 1 TOTAL FEE 208 . 95 r 1 CT REAGENT DATE ISSUED BY This is a Building when properly filled out,signed and validated,and is not transferable. �7rr1_ � legINSPECTOR'S COPY G1 aF ?ALµ 8p u' C'1�IFORN�� Planning Commission Staff Report Date: January 9, 2008 Case No.: RV 07-05 Type: Recreational Vehicle Permit Applicant: Jackie Swisher Location: 335 W- Yorba Road. APN: 504-111-007 General Plan: Very Low Density Residential Zone: R-1-C (Single Family Residential) From: Craig A. Ewing, AICP, Director of Planning Services Project Planner: Scott Taschner, Planning Technician PROJECT DESCRIPTION: The applicant is requesting an appeal of the Planning Director's decision, denying the application for a recreational vehicle (RV) permit, to the Planning Commission, For a 38 foot long RV, for the property located at 335 West Yorba Road. RECOMMENDATION: That the Planning Commission uphold the decision of the Planning Director, Case No. RV 07-05, denying the application for a recreational vehicle permit for the property located at 335 West Yorba Road 000022 Appeal of RV 07-05 January 9, 2008 335 W. Yorba Road Paya 2 ai 5 PRIOR ACTIONS: On November 7, 2007 the request for a Recreational Vehicle Permit was denied by the Director of Planning Services. BACKGROUND: The subject property is bounded by residential uses to the North, East, and South, and West. Surrounding Land uses, Zoning, and General Plan designations are detailed below: Land Use .Zone General Plan North Residential R-G A 6 LDR South Residential R-1-C VLDR East Residential R-1-C VLDR West Residential R-1-C VLDR ANALYSIS: A Recreational Vehicle Permit is required when Section 11.96.020 (a)(3) of the Palm Springs Municipal Code (PSMC), can not be met. This section states: (a) It shall be unlawful to park or store any recreational vehicle, commercial vehicle, semitrailer, trailer, or boat of any kind in any residential zone of the city except as follows. (3) Unless otherwise permitted by Section 11.96.050, the vehicle or boat is parked or stored outside of any required front or side front yard and is screened from view from any adjoining property or street. If the recreational vehicle is visible from either street or adjacent properties, then an application is required. In evaluating the request for a Recreational Vehicle Permit at 335 West Yorba Road, staff conducted a number of site visits to the neighborhood, including viewing the vehicle from adjacent properties and the street. Staff also considered the submitted site plan, written complaints from neighbors, meetings with staff regarding options for relocating the vehicle on the site, and Section 11.96.050 of the Palm Springs Municipal Cody, which states: (a) Notwithstanding the provisions of Section 11.96.020, a resident of a residential parcel may park a recreational vehicle in the front or side front yard of said parcel provided that the resident has obtained a residential vehicle parking permit an1aa23 Appeal of RV 07-05 January 0, 2008 335 VV. Yorba Ro-ad Page 3 of 5 pursuant to this section- (b) The planning director may issue a recreational vehicle parking permit if the director finds that compliance with Section 11.96.020(a)(3) is not possible or practical, because there is no other more suitable location on the property for the parking of the recreation vehicle. This finding may be made if such other location would require significant physical remodeling of structures, the removal of significant native vegetation, or otherwise be a hardship to the applicant. The director may issue a permit if he finds that locating the vehicle in a more suitable location would require significant physical remodeling of structures and a hardship exists in relocating structures. This approval would be subject to conditions stated in the Palm Springs Municipal Code Section 11.97.050(c) as stated below: (c) Any permit granted hereunder must be subject to the following conditions: (1) Only one permit may be issued per residential parcel. (2)The permit must identify the recreational vehicle by license number. Said vehicle may not exceed twenty-four feet in length unless the length in excess of twenty-Four feet can be parked within the allowable sideyard setback as otherwise provided in this chapter. (3)The permit must identify where on the parcel the recreational vehicle may be parked. (A) The recreational vehicle must be screened from view from surrounding properties to the degree possible as determined by the planning director. (5)The recreational vehicle must be maintained in a clean and usable appearance. (6)The permit shall expire upon the applicant's termination of their residency upon the parcel. (7)The parcel must be maintained in accordance with Section 9319.00 of the Zoning Ordinance. (d)The applicant with the permit shall pay a fee as established by resolution of the city council which may be amended from time to time. Except as provided herein, the permit shall be processed in accordance with the procedures in Section Appeal of RV 07 05 January 9 2008 335 W. Yorba Road page 4 of 5 9402.01 concerning land use permits. In the event that the director believes that conditions of the recreational vehicle parking permit have been violated, the director may revoke the permit by proceeding in the same manner as for revocation of a land use permit under Section 9402.01-D-5. (Ord- 1377 § 2, 1991) - - - - Provision #4, states that the recreational vehicle must be screened from view from surrounding properties to the degree possible as determined by the planning director- Due to the size of the Recreational Vehicle (38 feet), it did not appear possible to park the recreational vehicle anywhere on the site such that it would not be significantly visible from either the street or from adjacent properties. Given the size of the vehicle (38 feet in length) and the proximity to adjacent properties, there appeared to be no reasonable options for screening of the vehicle as shown. REQUIRED FINDINGS: Pursuant to Section 11.97.020 of the Palm Springs Municipal Code, parking of a recreational vehicle in a single-family residential zone requires that two findings be made. Staff has reviewed these requirements and determined that the one of the required findings cannot be made to allow the request by the applicant. The required findings are as follows: Findings: 1) The vehicle or boat is parked or stored outside any required front or side front yard- The proposed parking location of the recreational vehicle is outside of any front or side front yard setback. 2) The vehicle is screened from view from any adjoining property or street- It is not possible to park the recreational vehicle anywhere on the site such that it would not be significantly visible from either the street or from adjacent properties. Given the size of the vehicle (38 feet in length) and the proximity to adjacent properties, there appears to be no reasonable options for screening the vehicle as shown. CONCLUSION: Considering all the information contained herein, staff is recommending that the Planning Commission uphold the decision of the Planning Director to deny the application for a Recreational Vehicle Permit, Case No. RV 07-05, located at 335 West Yorba Road (APN: 504-111-007)- ��IQDi, Appeal of RV 07-05 January 9, 2008 335 W Yorba Road Page 5 of 5 ENVIRONMENTAL ASSESSMENT: Pursuant to the California Environmental Quality Act (CEQA) Section 21065, the proposal is not considered a "Project" and is therefore not subject to CEQA requirements. NOTIFICATION: Notification is not required. S Tasc ne ing I P P ning T nician Dire r of Pla Services ATTACHMENTS: 1) 400' Radius Map 2) Letter of denial to the applicant, dated November 7, 2007 3) Draft Resolution 4) Letter requesting appeal to Planning Commission 5) Site Plan 6) Site Photographs - Originals, dated October 9, 2007 7) Site Photographs - Latest, dated December 10, 2007 8) Revised description of proposal 9) Written complaints from neighbors 660026 RESOLUTION NO. 7121 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING THE APPEAL BY JACKIE SWISHER AND UPHOLDING THE DECISION OF THE PLANNING DIRECTOR TO DENY CASE N0, RV 07-005. WHEREAS, Jackie Swisher ("Applicant") has filed an application with the City pursuant to Section 94.04.00 of the Palm Springs Zoning Code for a recreational vehicle permit located at 335 West Yorba Road, Zone R-1-C, Section 3; and WHEREAS, on November 7, 2007, after careful consideration of staffs analysis, including several site visits by staff, an analysis of the visibility of the recreational vehicle from adjoining properties and the street, consideration of the plan, and consideration of neighbors complaints, the Planning Director denied the request for a recreational vehicle permit; and WHEREAS, on November 14, 2007, Jackie Swisher, the applicant, filed an appeal of the Planning Directors action in accordance with the City's procedures; and WHEREAS, on January 9, 2008 the Planning Commission conducted a hearing on the matter, at which hearing the Planning Commission carefully reviewed and considered all of the evidence presented in connection with the proposal, including, but not limited to, the staff report, and all written and oral testimony presented. THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The following required findings for the Recreational Vehicle Permit (Section 11.96.020(a)(3) of the Palm Springs Municipal Code) cannot be met by the proposal, as follows: I. The vehicle is screened from view from any adjoining property or street. It is not possible to park the recreational vehicle anywhere on the site such that it would not be significantly visible from either the street or from adjacent properties. Given the size of the vehicle (38 feet in length) and the proximity to adjacent properties, there appear to be no reasonable options for screening the vehicle as shown. SECTION 2. The following guidelines for the parking of recreational vehicles (Palm Springs Municipal Code Section 11.96.050 (c)(5) cannot be met by the proposal, as follows: 1. The recreational vehicle must be screened from view from surrounding properties to the degree possible as determined by the planning director. 000,0,2 7 Based on the proposed location of the RV, it does not appear possible to screen the unit from the view of surrounding properties. NOW, THEREFORE BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby denies the appeal by Jackie Swisher and upholds the decision of the Planning Director to deny Case No. RV 07-005. ADOPTED this 9'hday of January, 2008. AYES: 5, Scott, Ringlein, Marantz, Hochanadel and Cohen NOES: 1, Caffery ABSENT: None. ABSTENTIONS: None. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA wing, AIC Dir or of Planni ervices 0000;�$ r QpLMgp�'2 • City of Palm Springs U N Department of Planning Services " 4-RATED " 3200 C.Tah,4u,cz Cnnyuu W'ay • palm $pnn5s, CnLl Urnm )22C2 C, �P Tel. (760) 323-8245 • Fax (760) 322.8360 • Web, www palaispri ngs-cn gov q�IFOR� January 11, 2008 Jackie Swisher 335 W. Yorba Rd Palm Springs, CA 92264 RE: Recreational Vehicle Permit No. 07-05 Dear Mrs. Swisher, On January 9, 2008, the Planning Commission met and reviewed your appeal of Case No RV-07-05. After careful consideration the Planning Commission voted 5-1 (5 ayes to 1 nay) to uphold the Planning Director's decision. Staff notified you at that meeting that you would have 10 calendar days to request an appeal of the Planning Commission decision to the City Council, if you choose to do so. On January 9, 2008 staff received your request to appeal the Planning Commission decision to the City Council. Staff will notify you of the date your appeal will be heard by the City Council. Staff will contact you next week to set up a time when we can come out to make another site visit. We need to take some more pictures with the RV parked in the proposed location (since you have kept the vehicle off site since the action by the Planning Director). In the meanwhile, the Planning Department will need the following materials from you: 1) A revised site plan(s) showing the proposed parking location(s) of the RV and all existing and proposed landscape screening. Please include dimensions from edge of RV location to front and side property lines. 2) Other options or proposals regarding the parking location and/or landscaping, you may wish to include in your appeal. Thank you, 0anningsT Tc c chnician cc: File UUG3Z9 Yost Office Box 2743 • Palm Springs, California 92263-2743 City of Palm Springs Planning Commission Minutes of January 9,2008 2E. Case 3.3166 MAJ - An application by Lalith Chandrasena to construct a 2,827 square foot professional office building on a 7,143 square foot vacant lot located at 1815 Desert Park Avenue, Zone P, Section 1, APN: 501- 312-009. (Project Planner: Bryan Fernandez, Assistant Planner). Approved, as part of the Consent Calendar. MISCELLANEOUS: 3. Case RV 07-05 - A request to appeal the Planning Director's decision denying the application for a recreational vehicle (RV) permit located at 335 West Yorba Road, Zone R-1-C, Section 3, APN: 504- 111-007. (Project Planner: Scott Taschner, Planning Technician) Scott Taschner, Planning Technician, provided background information as outlined in the staff report dated January 9, 2008. Mr. Taschner noted that due to the size of the recreational vehicle and the proximity to the adjacent properties, there appeared no option to adequately screen the vehicle. Staff provided further details on the relocation of a wall and the additional landscaping added to help screen the recreational vehicle- -Jackie Swisher, applicant, stated that she purchased the property with the intention of parking the recreational vehicle and provided details on the property improvements she has made, totaling $10,000_, to screen the R.V. -Paul Tamko, Palm Springs, stated the applicant purchased the property with the understanding that R.V, parking would be allowed; and indicated the applicant has complied with the landscape improvements recommended by staff. Vice Chair Hochanadel requested staff address the areas zoned for R.V. parking. Staff responded that R.V. parking is available in all R-1 zones, subject to screening and visibility limits. M/S/C (Scott/Ringlein, 5-1/Caffery) To uphold the decision of the Planning Director. Mr. Ewing reported this action may be appealed to the City Council. 00903_0 _ LXJ L 4-� IL ✓�/v�/6F/l/�!Z/ ��C7 !��/r'/S� GG£. ��C_[_ � � (C1/(� L�G L (2� JAN 0 9 2003 Regarding: Permit Number RV0705 "' petition acknowledges the neighbors' '�o are opposed to any Recreational , Vehicle that will be parked,in the front yard located at 335 W. Yorb. ..a, Palm Springs, CA 92262 /Print Name / Address Signature 2. NL/L/ tdn 4// G�> GrC•� v�vr� �T7 ���.��,� ,+GI 6,-Z- 7. 10. 11. 12. 13, 14. 1s. 17. TV 6 7 aSr 19. �—J —-- — — — 20. - - Regarding: Permit Number RV0705 — -,petition acknowledges the neighbors ';o are opposed to any Recreational Vehicle that will be parked in the front yard located at 335 W. Yorba -.a, Palm Springs, CA 92262 Print Name Address Signature 1. 4. l �4s©©7L , Pico 1 t S, C�Q � z�; 5. 6, 7. 8, 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 12V 6 o 19. 20. F�.AMV"I IS�J if ,a Jacquelyn Swisher 335 W. Yorba Rd Palm-Springs, California 92262 909-709-7377 or760-778-1690 March 4, 2008 I Scott Taschner Department of Planning Services City of Palm Springs P.O. Box 2743 Palm Springs, California 92263-•2743 RE: RV Permit/Proposal Dear Mr. Taschner, I am still trying to comply with the city of Palm Springs so that I may be able to park my RV at my home- I have a couple of proposals that might work- Proposal # A #I 1 have already moved the ,Fence back to allow the extra 21 feet From the pavement per the cities request. #2 1 have already put in the extra trees allowing this to cover to the End of the driveway to help hide the RV #3 1 ain in the process of paving the driveway. 941 would put up a beautiful front fence and gate to be able to hide most of the front of the RV but still allowing me to be able to drive out. Proposal #B #1 I would move the fence back behind the big tree to allow another 5 feet from the street. With a total of 26 feet from the pavement. 42 If I moved the big tree out this would allow another 3 feet. however this allows the tree to cover the top of the RV. So I would prefer not to remove the tree. But this would be your choice. MAR 05 WU` Page#2 Proposal 93 #1 Let me park the RV at my home until I sell the RV 92 If you do not pass the RV to be parked there then what size can? 93 Let me keep the RV at my home until I sell my home. I am trying to do everything I can to make this work. I love my home and the reason for buying at this location was that I was told by my realtor that he had talked to the city and got permission for the RV to be parked there. I have enclosed a few names of neighbors that do not mind that I park the RV in this location because I am complying with the City. I still have more to come that I talked with but we have not been able to meet up to date. I asked for more time so that the concrete can be finished. This will allow me to pull the RV in to take pictures so you can get the full visual. Therefore I still want to present my case to the City unless you agree to my proposal. Thank You, ?Jacque=ynSwi�sher U'IIi3 €l3 SO \ / ��\ � �:�� \ � \ .� ` , � ! 'IQ VR/6 Vt BOG0 rG Page 1 of 2 Scott Taschner From: Jacquelyn Swisher(Jackie@papafranks.com] Sent: Monday, March 10,2008 1:55 PM To: Scott.Taschner@palmsprings-ca.gov Subject: RE: RV/Meeting Hi Scott, I have to go out of town but I will be back by April 5th. I want to attend the April 16th Meeting with the City Council because I want to appeal the Planning decision. I will be ready for that meeting_Thank you. Jackie Swisher Jacquelyn Swisher Papa Frank's Specialty Foods P.O. Box 592 Rancho Cucamonga, Ca 91739 909 709-7377 From: Scott Taschner ¢Scott.Taschner@palmsprings-ca.gov> Sent: Monday, March 10, 2008 3:50 PM To:jackie@papafranks.com Subject: RE: RV/Meeting Jackie, Could you please send me an email stating that you would like your appeal date moved to April 15, 2008? 1 need a written request for the file. Thanks, Scott Scott Taschner Planning Technician City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs,CA 92262 760-322-8364 Ext 8760 760-322-8360 FAX scott,taschner@_palmspfings-ca.gov From: Jacquelyn Swisher[mailto:jackie@papafranks.com] Sent: Saturday, March 01, 2008 11:15 AM To. Scott.Taschner@palmsprings-ca.gov Subject: RV/Meeting Hi Scott, I hate to do this but I still need alittle more time to get the Rv Parking ready. They are putting in a drain at that side of my house and I can't back the RV into that spot unit)they cover up the hole. Can I put this off one more time? I will be out of town from March 15th unfit April 4th. I hope the City Council will be meeting again before the 15th of March_ 3/10/2008 a d Page 2 of 2 Please let me know ASAP if they won't change the date for me I really want to get this resolved. Thank You so much for your help. Jackie 909-709-7377 Jacquelyn Swisher Papa Frank's Specialty Foods P.O. Box 592 Rancho Cucamonga, Ca 91739 909 709-7377 QQQ038 3/10/2008 �pALMSA ° City of Palm Springs Dep.trtmenc of Ptanning S wices i2(4) I. T-16I ui[i C.m cn Wl' • P.ilm 5 r u; . CJIIf19FM t 97'62 1 t Fax (76(1) 722-6360 \\,.h. s,u«p.rlmspnngs-c.t.vtv qZrFORI April 4, 2008 Jackie Swisher 335 W. Yorba Rd Palm Springs, CA 92264 RE: Recreational Vehicle Permit No. 07-05 Dear Mrs. Swisher, Please be advised that your request to appeal the Planning Commission decision, to the City Council, will be heard at the April 161h, 2008 City Council meeting. The meeting will begin at 6 PM. A City Council agenda can be viewed at the Office of the City Clerk, or will also be pasted on the City of Palm Springs website, prior to the meeting. Thank you, 5c aschn PI Wing Te leian Department of Planning Services cc: File p pG901aa Fee �1 1 2008 p J Po,rnark 4 Return Receipt Frr (EndM turn cLiptRoqu rad) ED ReSEncted Do"Vory Fee r� (Endarscnent Regwmd) u7 ru 7ctal Pn;a M Mrs. Jackie Swisher Q d U t} Sr.nr o r �vaataPc 335 W- Yorba Road orPoeorr Palm Springs, CA 92264 Pose Office Box 2743 • Palm S prm rs. Ca] cig45ieie: RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING AN APPEAL BY JACKIE SWISHER AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO DENY A PERMIT FOR A RECREATIONAL VEHICLE FOR THE PROPERTY LOCATED AT 335 WEST YORBA, ZONE R-1-C, SECTION 3. WHEREAS, Jackie Swisher ("Applicant") has filed an application with the City pursuant to Section 11.96.050 of the Palm Springs Municipal Code for a recreational vehicle permit located at 335 West Yorba Road, Zone R-1-C, Section 3; and WHEREAS, on November 7, 2007, after careful consideration of staffs analysis, including several site visits by staff, an analysis of the visibility of the recreational vehicle from adjoining properties and the street, consideration of the plan, and consideration of neighbors complaints, the Planning Director denied the request for a recreational vehicle permit; and WHEREAS, on November 14, 2007, Jackie Swisher, the applicant, filed an appeal of the Planning Directors action in accordance with the City's procedures; and WHEREAS, on January 9, 2008 the Planning Commission conducted a hearing on the matter, at which hearing the Planning Commission carefully reviewed and considered all of the evidence presented in connection with the proposal, including, but not limited to, the staff report, and all written and oral testimony presented; and WHEREAS, on April 16, 2008, the City Council held a public meeting on the appeal, at which meeting the Council considered the staff report, related materials and exhibits, and public testimony on the matter- THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Pursuant to the requirements of Section 11.96.050, the City Council finds that there are no reasonable means to sufficiently screen the recreational vehicle from view from surrounding properties, because: 1. The length (38 feet) and height of the recreational vehicle. SECTION 2. Based upon the foregoing, the City Council hereby upholds the decision of the Planning Commission and denies Case No. RV 07-005 a request for a recreational vehicle (RV) permit for the 38 foot long RV located at 335 West Yorba Road (APN: 504-111-007). Resolution No, Page 2 ADOPTED this 16th day of April, 2008. 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 City of Palm Springs, California F PALM S 10 City of Palm Springs Office of the City Cleric F` T.ihyuu.C.unun Wiy • PsIm S1111up1,GJdu1n1.1 92262 TEL (7(111 i-131)'I • FAX (760)322 Si i2 •Tlll7 (760)964-95?7 NOTICE OF CONTINUANCE NOTICE IS HEREBY GIVEN that the regular meeting of April 16, 2008, Public Hearing Item No. 1.A. APPEAL. BY JACKIE SWISHER OF THE DECISION OF THE PLANNING COMMISSION DENYING A RECREATIONAL VEHICLE PERMIT ON PROPERTY LOCATED AT 335 WEST YORBA ROAD, CASE RV 07- 005 By a unanimous vote of the City Council the Public Hearing was continued to Wednesday, May 7, 2008, Council Chamber, 3200 E. Tahquitz Canyon Way, at 6:00 p.m., or as soon thereafter as possible. AFFIDAVIT OF POSTING State of California ) County of Riverside ) ss. City of Palm Springs ) I, James Thompson, City Clerk of the City of Palm Springs, California, certify this Notice of Continuance was posted at or before 5:30 p.m., April 17, 2008, as required by established policies and procedures. ames Thompson City Clerk - NOTICE OF CONT-Swisher RV Appeal 04-16-08.doc pp Post Office Box 2743 0 Palm Springs, California 92263-2743