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HomeMy WebLinkAbout3/17/2004 - STAFF REPORTS (16) Date: March 17, 2004 To: City Council From: Director of Planning & Zoning APPEAL OF PLANNING COMMISSION DENIAL OF CASE RV-04-01, AN APPLICATION BY KEELY SMITH AND CHARLES CACI, FOR A RECREATIONAL VEHICLE PERMIT TO ALLOW A RECREATIONAL VEHICLE TO BE PARKED WITHIN THE FRONT AND SIDE FRONT YARD SETBACKS LOCATED AT 1055 EAST PASEO EL MIRADOR, ZONE R-1-C, SECTION 11. APPEAL: The applicants, Keely Smith and Charles Caci, are appealing the Planning Commission's February 11, 2004 denial of a Recreational Vehicle Permit application No. RV-04-01. The property owners are Keely Smith and Charles Caci. The City Council may uphold, override or modify the decision of the Planning Commission. Upon the conclusion of the public hearing, the City Council may consider the attached resolution upholding the Planning Commission denial or direct staff to prepare a resolution which can be considered at the April 7, 2004 meeting. SUMMARY The following issues were raised during the February 11, 2004 Planning Commission public hearing: 1) the parking of the recreational vehicle (RV) within the front and side front yard setbacks, 2) the recreational vehicle is greater than twenty four(24)feet in length, 3)The recreational vehicle is visible form the adjacent properties and public street. The Planning Commission, by a 4-1 vote, denied the project afterfinding thatthe recreational vehicle does not conform to Sections 11.96.020 and 11.96.050 of the Palm Springs Municipal Code. A recreational vehicle shall not be stored within the required front and side front yard setbacks, and should be screened from view from adjoining properties and street. Additionally, RV's which exceed 24 feet in length are prohibited in front yards. BACKGROUND: On October 6, 2003 the Planning Department received a Recreational Vehicle Permit application by Keely Smith and Charles Caci to park a recreational vehicle greater than thirty(30)feet in length within the front and side front yard setbacks, Planning Department Staff denied the Recreational Vehicle Permit on October 9,2003. The Planning Department Staff based its denial on Section 11.96.020 and 11.96.050 of the Municipal Code. A recreational vehicle shall not be stored within the required front and side front yard setbacks,should be screened from view from adjoining properties and street,and cannot exceed 24 feet in length if parked in front yard. On January 5, 2004, Keely Smith and Charles Caci resubmitted a revised Recreational Vehicle Permit application showing additional landscaping on the site plan. On January 7, 2004 the Planning Department Staff denied the recreational vehicle application per Section 11.96.020 and 11,96.050 of the Municipal Code. On January 8, 2004 Keely Smith and Charles Caci submitted a letter appealing Planning Department Staff denial to the Planning Commission. 0A The Planning Department has received letters(copies attached)from adjacent neighbors both in favor and against the recreational vehicle being parked within the front yard and side front setbacks. ADJACENT ZONING/ LAND USE: North: R-1-C (Single Family Residential)/Single Family Residential South: R-1-C(Single Family Residential)/Single Family Residential East: R-1-C (Single Family Residential)/Single Family Residential West: R-1-C (Single Family Residential)/Single Family Residential MUNICIPAL CODE REQUIREMENTS Recreational Vehicle Permits requirements are as follows: 11.96.020 Parking and storage prohibited. (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: (1)The vehicle or boat is parked or stored in an approved storage space in a mobile home park or a planned development district designated for a mobile home park or a recreation vehicle park; or (2)The vehicle or boat is located within an enclosed building; or (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. (b) It shall be unlawful to park or store a motor truck in any residential zone of the city except within an enclosed building. (Ord. 1377 §§ 1, 1991; Ord. 1288 §§ 1 (part), 1987) 11.96.050 Recreational vehicle parking permit. (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 vehicle parking permit if the director finds that compliance with Section 11.96.020(a)(2) 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. (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 13fi2o 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 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) ANALYSIS: The proposed parking location of the recreational vehicle is within the front and side front yard setbacks. The recreational vehicle is greater than twenty four (24) feet in length. The Planning Commission based its denial on Sections 11.96.020 and 11.96.050 of the Municipal Code. A recreational vehicle shall not be stored within the required front and side front yard setbacks,and should be screened from view from adjoining properties and street. The subject recreational vehicle is 38 feet in length. The recreational vehicle barely fits within the front yard and when parked on site it is difficult to close the driveway gate. Based upon the site conditions, size of the recreational vehicle, and the ordinance criteria the Planning Commission denied this Recreational Vehicle Permit application. NOTIFICATION All adjacent property owners of the subject property have been notified. As of the writing of this staff report, staff has not received any public comment. Director of Pf6nning and Zoning City Manager ATTACHMENTS: 1. Vicinity Map 2. Application and Site Plan 3. Appeal letter 4. Site Photographs 5. Planning Commission Minutes February 11, 2004 ���� 6. Correspondence 7. Resolution NOTICE OF PUBLIC HEARING CITY COUNCIL Recreational Vehicle Permit No. 04-01 1055 East Paseo El Mirador NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of March 17, 2004. The City Council meeting begins at 7:OOp.m. in the City Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, California. The purpose of the hearing is to consider an appeal by Keely Smith and Charles Caci for a recreational vehicle permit that was denied bythe Palm Springs Planning Commission on February 11, 2004. The City Council will consider the parking location of the recreational vehicle permit on a single family residential property. The subject property is located at 1055 East Paseo El Mirador, Zone R-1-C, Section 11. If any individual or group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to, the City Council hearing. An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Gabriel Diaz, Assistant Planner, Department of Planning & Zoning, (760) 323-8245. PATRICIA A. SANDERS, MMC City Clerk 1� VICINITY MAP N W F Site East Pas eo E1 Mirador ° �-•� ' P)2) lots 10.sS` kids — %os7— -�--- Qs Q Ot. (D _ Y 036 ACt TRA B C., p O//-O2/ ry : Po O TWA O 12 O//-00.3 III vJ i �% 10 ° Il 9D / °"- 2 3 ° 4 ° 5 o� /P So T n 6 --- O 0a `l CEY°5k E _ 545 ; b MARSHALL WAY /oi) oO /035 /O7 /aG9 /025 '•� i4 —_— V � � $ o ° d 2600 27 2B - 29 30 r --_ � O O a 9 i b o 25 24 = 23 22 2/ = 6 - b 10 O OB oT ° O /096 ° OLIVE WAY .Pn 9/09/ ENP :o da4' IW loy po 19' 4x.yL. AbbP 11• /D26 /oS5 1061 ws Q °o O E ?ca T 19 Q O O RA � IS O//-003© joo 7-RA a 15 O ° /4 _ /3 O o 12 O a /! jll ° lD3D /D42 /D66 lD72 !Dd'6 Zv TACHEVAH `Dr ` DRIVE CITY OF PALM SPRINGS CASE NO.: RV-04-01 DESCRIPTION: The applicant is proposing to obtain a Recreational Vehicle Permit. The proposed APPLICANT: Keely Smith and Charles Caci location of the Recreational Vehicle will be within the front yard. The subject property is located at 1055 East Paseo El Mirador, Zone R-1-C, Section 11. FREKLIW 0.JQSKO 1060 E. PASEO EL MIRADOR PALM SPRINGS, CALIFORNIA 92262 U.S.A. Phone(760)313-2042 P Fax (760)323-0055 March 10, 2004 City Council of Palm Springs Re: Ch. 11.96.050 RV Parking Permit Pahn Springs, California para (c) (2). Excess length only with allowable sideyar•d setback. Dear Council Member: Please uphold the denials of the Planning Dept. and Planning Commission and maintain our dedication to the principal of PRESERVATION. The City needs to speak with one voice on these issues and not with the dissonance of special interest whisperings and influence peddling. Background: Since 1997 I have been encouraging the RV PERMIT APPLICANT at 1055 E. Pasco El Mirador to honor the spirit and letter of City Ordinance: 11.96.050. 1 have a thick file of faxes, emails, phone logs, and copies of letters going chronicling this cat and mouse affair between the applicants and Code Enforcement. While the applicants have moved the 38 foot vehicle when repeatedly told to do so by Code Enforcement (usually after many weeks, and sometimes months of delay&•aught with inventive excuses), an application to permanently install this BEOMUTH(which remains in violation of the front yard limit of 24 feet)is an insult to the community at large. Up_until recently this has largely been a nuisance and an aesthetic insult to some of us in the community. My par_�tner,Raymond, and I put our home up for sale about one month ago and I had two phone inquiries on the house which mentioned the BUS and whether or not there is an RV Ordinance in Palm Springs. I responded in the affirmative and told them of my experience. I never heard from either of them again. The matter now is a financially intrusive one and we are prepared to take whatever legal action is necessary to protect the value on our property. R noctun subF^e ( � aklin D Lask d, 13� is li, ijl, lA, V� I sic RMETI, 0A p�HIGLE°�Z�CENC�' FEE UO"I V lill , 's, AVMsil V vil 'WA QIR 60 ik ui?�4��YA ell 11r PROCEDURE V, 'il,T be kinDepartment 6-f pp [j G6m0'uhftY-TOVeloP .. .... ..... e raying 1' 'A A it"1 A p P, 1MM i fhe eXpenser of labor and FV, r mateiials incidental to the ts d'eis cr,1 �sl f site lan,,,�. ­p Wyli the.5, =41­1 on.i o, proposed�,spaxl area, dwe77ing, V 2; 'A displaying plan V ....... : x ian ex%s ing,�,an .propqse&.1 ian isca 7­1 Is .W 3 ;-�ik,Vi,-cannot be p,zirk:bd i-n�-si"de,--or rear yard area:: ' VI �-Sdth `other i o rma tii.I ow-'as .'the "Ti rettor isof C6mm6hjity Devel�opment'',may.require„ inclUdtng,tbUt not' limited., to, - is,o s'o g r ap I h landscape anis-,,. q............. -is ni-SMoAEr ss. Pil. V, is. l"L V is E"is"'l,;s­liv, ,.Ltd�!L k��-, "s 4111i�,1,1'7� Ss,- ,," oz Is V_ .....is� -hTC,�e fiig sl _�aibli -e�51"'i site another. "Own st'16111�1 vehi ,eastl'oviail"Ve Tr ANSh'F�RR lTR s Of dc�rs' 'Cl�ei", ro T -i O 'Is s's-1 sl The ss -,,,o �,C Comm um n 1 tyi;- n t shall revoke il,any.y Director Recreational Vehicle Parking Permit , tkiat does' not meet or cq'fiply with­,-cdnd1t,fdns and,'*eOuiiremen,ts-,­­a iV "i iV V111ioff this permit I:I sl V 0 —m arm! Ptkhft�'Cg NVTJ Ett, ATI DATE ACCOUNT ' V-1 ............ CHARLES u CACI 1055 Pasco El Mirador Palm Springs, CA 92262 n ��A�d 5 20D4-- � L? �� / f__ !3 �'S J'Al PI-AN ly� Tn I L Gv 614 - OAI 1 po CHARLES J, CACI a�eNLM soq 1055 Paseo El Mirador Palm Springs,CA 92262 o FEB 18lif- R \JZ d RECEIVED /&I/ aoo fc -emu"„ ----��---�- • a �.- V �i /`.V �7,.pio�ti..�j-feu-- ) � '7'!-s+-✓�hsrlc.v.ce�'� I3A10 Y q� � r r •. f ' ilk "01 4y f �IrAy!lILLLNMI lot k1� il Wiii ■ IIU � �f,ll � � 1113M of hA r l -it kvI IL7 4) t r — II I <'., + Itt��� it �J! a It _ d4a . k ,. iJIIII i K �I `•.f ,V ®a= OJN.y� ¢ •ff 4f1 vol x � Y 1 I M III � s N k I .. f .�_ Y. r, 1J 6 2003 1 IF FRAPI%L1H®n)ASK" 1060E PASEO EL URZADOR PALM SPRINGS,CALIFORNIA 92262 USA. phone(760)318-2042, Fax(760)323-0055 PAGE TWO DUTUAWY 27,-1004 E LA MI:R Do TIf 71�bvl L is Ti. a N -AL f DA �I I TIF FEJe -MIT IF Ile Al It II� . . A rIF . I w„ FFMKUN U.MSKO 1060 E.PASEO EL MQtADOR PALM SPRINGS,CALIFORNIA 92262 U.S.A. Phme(760)315-2042 Fax(760)323-0055 Item: Objection to appeal to overturn permit denial by the Planning Dept. Tour Bus: 1055 E. Pasco El Mirador. Photo attached. January 27, 2004 City of Palm Springs Planning Commission City of Palm Springs, CA. Dear Mr. Hochanadel: This appeal for permission to place a Celebrity Tour Bus in plain view of the neighborhood at 1055 E. Pasco El Mirador, does constitute an attempt to obfuscate whatever controls we have in place to preserve the integrity of the Movie Colony. The owner has insisted upon parking this huge vehicle on his property in the front yard since well before 1997 as evidenced by my complaints to Mr. Dirk Voss of Code Enforcement, City of Palm Springs. It should be noted at the outset that placement of this vehicle has been continuous for periods extending to eight months. Most occasions are several months in length. Despite what the owner night allege, he is in violation of City Ordinance no matter what the circumstances of the bus' placement is. The City has chosen to try to work with the owner to no avail. Furthermore, the City has never issued a citation to the owner during this entire period of Sturm and drang. It is time to cite this owner for this violation. It has been argued that other RV's have been parked in the general neighborhood without objection. This is entirely true. No other similar vehicle has even approached the size of this beonnith and no other similar vehicle has been parked in this neighborhood for periods longer than two weeks. This applicant has had this vehicle currently stationed at 1055 Paseo El Mirador for a period of 6 months. Since Fralkdin D. Jasko 13A is January 21,2003 To The City of Palm Springs: To Whom It May Concern: Our names are Joseph and Arlene Kretschman. We live at 1083 East Paseo El Mirador Palm Springs, CA 92262. Our neighbors are Keely Smith and Bobby Milano. There seems to be some controversy over their motor home being parked at their home. We, as neighbors, have never had a problem in the world with their motorhome. It never hinders our view or access to the road . I surely hope that Mr. and Mrs. Milano can keep their motorhome at their as it is a big";inconveriience for them to haveto shuttle it back and forth. My wife, Arlene and I, are the people that are impacted the most, and we have absolutely have no problem whatsoever with it. Thank you for your consideration in this matter. Yours truly, Joe and Arlene Kretsehman rn� i Hanna O. Sanders, M.D. 1087 Paseo El Mirador Palm Springs, California 92262 February 8, 2003 The City of Palm Springs Palm Springs, California Re: Recreation Vehicle Permit Section 11 .96.050 To Whom It May Concern: I have been a resident at this address since 1988 (15 years) and have lived in harmony with my neighbors Charles J. Caci (AKA Bobby Milano) and Keely Smith, who live at 1055 Paseo El Mirador. I live two doors east of them. I have been made aware that there seems to be a problem with the fact that their Motor Home has been seen on our block!. I have seen their motor home from time to time when they return from road trips. They have always been cautious with positioning it so it is not obtrusive to me or any of the other neighbors. The motor home is only there 1-2 times a year and only for a short time. I do not see what the problem is for them to have it on their property, next to a tall hedge and off, the street during the time they are refurbishing it for their next tour! I live here 12 months out of the year. I work at and near the hospital. The motor home does not present an eyesore, hazard or annoyance to me; in fact I cannot see it from my home! It amazes me that neighbors have problems being neighbors! Respectfully, F4anna O. Sanders, M.D. r 0 U - 6 2003 , 134 7 1020 Paseo E1Mirador Palm Springs,CA 92262 760-323-7431 October 5, 2003 To whom may concern: Bobby Milano and Keely Smith have been warm and gracious neighbors to us since we moved in across the street from them in 1985. They watched our children grow up and we watched their "Movie Colony" home in awe. They were always "real people," supportive and conscientous with an eye on upgrading and improving their premises. Their endeavers provided valuation for our home and the surrounding neighborhood. They have always maintained their premises and home with utmost care for detail and aesthetics, as in "show case" appearance. After all, their home has been featured on "celebrity tours." The addition of a plush "motor coach" in the driveway was not out of character of "celebrity." It enhanced the "mystique" of the Palm Springs "Movie Colony." I found it a priviledge to be invited to its meetings at Billy Reeds. I find it a priviledge to have a "celebrity" with a "plush motor coach" in their driveway as my immediate neighbor-I could only wish to put one in my driveway. I would be remise should any harm come to this. Sincerely, 0 Josef Luptowitz 13#10 i rr i _ 2Jn3 CITY OF PALM SPRINGS PLANNING COMMISSION MINUTES February 11, 2004 Large Conference Room, City Hall 3200 East Tahquitz Canyon Way Palm Springs, California 92262 ROLL CALL Present Present FY 03-04 This Meeting to Date Excused Absences Jon Shoenberger, Chair X 16 0 Dianne Marantz, Vice Chair X 15 1 Mark Matthews` X 13 3 Jerry Grence X 15 1 Tracy Conrad X 14 2 Ricky Wright X 16 0 Larry Hochanadel X 16 0 Arrived at 1:55 p.m. STAFF PRESENT: Douglas R. Evans, Director of Planning & Zoning Dave Barakian, City Engineer Alex Meyerhoff, Principal Planner Jing Yeo, Principal Planner Matthew Feske, Associate Planner Gabriel Diaz, Assistant Planner Michele Boyd, Administrative Coordinator Chairman Shoenberger called the meeting to order at 1:40 p.m. The February 11, 2004 agenda was available for public access at the City Hall exterior bulletin board and the Department of Planning &Zoning counter by 4:00 p.m., February 06, 2004. APPROVAL OF MINUTES: M/S/C (Marantz/Hochanadel 6-0, 1 absent) to approve the minutes of January 14, 2004 as presented. M/S/C (Wright/Hochanel) 6-0, 1 absent)to approve the amended September 10, 2003 minutes as presented. Page 7 of 8 Planning Commission Motions Agenda February 11, 2004 Recreational Vehicle Permit-An appeal of staff denial of a Recreational Vehicle Permit by Keely Smith and Charles Caci for approval to park their Recreational Vehicle within the front yard setback located at 1055 Paseo El Mirador, Zone R-1-C, Section 11. Commissioner Marantz abstained due to a conflict of interest as she owns an RV Park. Chairman Shoenberger abstained due to a conflict of interest as a lawyer in his office does legal work for the applicant. Commissioners Marantz and Shoenberger left the meeting. Gabriel Diaz, Assistant Planner, reported that the applicants submitted an application for an RV Permit last month for the subject vehicle which is 38 feet in length and parked within the front and side yard setbacks. He reviewed photographs and a site plan for the Planning Commission. He reported that, to the west of the property,the view of the RV is screened from the adjacent property and is not visible if eastbound on Paseo el Mirador; however, it is visible to westbound traffic. He reported that staff denied the permit as the Zoning Code does not allow permits for RV's in excess of 24' in length in the front yard setback and the subject RV stretches to the length of the property line. Commissioner Conrad asked staff to clarify under what circumstances property owners may park an RV in their front yard. Director reported that staff has not issued any permits for RV's parking in front yards, in keeping with the Ordinance which has been in place since 1987. He noted that staff recently denied a request for a similar permit a few streets away from the subject address. Chairman Shoenberger opened the Public Hearing. Ms. Keely Smith, co-applicant, addressed the Planning Commission to state that she has lived in Palm Springs for the past 30 years and, in the past 20 years, has had three RV's. She stated that the neighbor directly across the street has been complaining about their current RV for a year; however, unless that neighbor is at the curb collecting his mail, the RV is not visible from his property. She clarified that no one lives in the RV and she does not let it idle while parked. She commented that she and Mr. Caci are in show business and are usually on the road. She stated that, while home, they clean the RV. She stated that she does not understand why this neighbor can create so much trouble and stated that there should be more than one complainant if this really is a problem. She stated that she poled the neighborhood and no other neighbors care about the RV parked at her home. Mr. Charles Caci, co-applicant, addressed the Planning Commission to state that there are four other motor homes on his street. He stated that the neighbor who has complained has put his house up for sale recently and added that he does not feel any one person should have that type of power to deny them the use of their property for parking their RV. He reiterated that, after poling the neighborhood, no one else stated an objection. He stated that, if the RV were obstructing views, he would move it. He claimed that the complaint about the RV now constitutes harassment. He stated that he would greatly appreciate having the permit approved. /3420 Page 8 of 8 Planning Commission Motions Agenda February 11, 2004 Ms. Smith added that she has offered to construct an awning or install moveable landscaping planters to further screen the RV. There being no further appearances, the Public Hearing was closed. Commissioner Conrad clarified to the applicant that they have been breaking the law by parking the RV in the current location and that the role of the Planning Commission and staff is to enforce the Municipal Code and asked staff to comment on the potential for construction of a garage on this property for storing the RV. Director noted that anything built on this property would be in a setback area, basically from side yard to side yard across the entire frontage and would require a variance. He noted that the Municipal Code does not allow a provision for the Planning Commission to approve this permit but that the applicant has the right to appeal a Planning Commission decision/denial to the City Council. M/S/C (ConradM/right 4-1, 2 abstentions, Matthews dissenting) to deny. There being no further business, the meeting was adjourned at 3:10 p.m. Respectfully Submitted, Douglas R. Evans Director of Planning and Zoning 1 31r2 AFFIDAVIT OF MAILING NOTICES I, the undersigned City Clerk of the City of Palm Springs, California, do hereby certify that a copy of the Notice of Public Hearing before the City Council of the City of Palm Springs, in conjunction with Keely Smith and Charles Caci for a Recreational Vehicle Permit Appeal at 1055 E. Paseo El Mirador, Zone R-1-C, Section 11, was mailed to each and every person set forth on the attached list on the 5th day of March, 2004, A copy of said Notice is attached hereto. Said mailing was completed by placing a copy of said Notice in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. I declare under penalty of perjury that the foregoing is true and correct. Dated at Palm Springs, California, this 5th day of March, 2004. PATRICIA A. SANDERS City Clerk NOTICE OF PUBLIC HEARING CITY COUNCIL Recreational Vehicle Permit No. 04-01 1055 East Paseo El Mirador NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of March 17, 2004. The City Council meeting begins at 7:OOp.m. in the City Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, California. The purpose of the hearing is to consider an appeal by Keely Smith and Charles Caci for a recreational vehicle permit that was denied bythe Palm Springs Planning Commission on February 11, 2004. The City Council will consider the parking location of the recreational vehicle permit on a single family residential property. The subject property is located at 1055 East Paseo El Mirador, Zone R-1-C, Section 11. If any individual or group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to, the City Council hearing. An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Gabriel Diaz, Assistant Planner, Department of Planning & Zoning, (760) 323-8245. PATRICIA A. SANDERS, MMC City Clerk 507 133 021 507 141 001 507 141 002 Philip Hartzell Garcia John&Mary Lapis 1091 E Pasco El Mirador 1196 N Avenida Caballeros 1021 E Pasco El Mirador Palm Springs, CA 92262 Pahn Springs,CA 92262 Palm Sprigs,CA 92262 507 141 003 507 141 005 507 141 008 Sturm Sherre C Joseph Kretschman Me Aj 75 Del Oro Lagoon 1083 E Pasco El Mirador 3305 Spring Mountain Rd Novato,CA 94949 Palm Springs,CA 92262 Las Vegas,NV 89102 507 141 009 507 141 011 507 141 012 Laurence Stineford Elwyn Bevan&Marjorie Bevan Jaynes Burrows 1030 E Marshall Way 1060 E Marshall Way 1080 E Marshall Way Palm Springs,CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 507 141 013 507 141 029 507 141 030 Justine Miller Hanna Sanders Charles James Caci&Dorothy Prima 8849 Ashcroft Ave 1087 E Pasco El Mirador 1055 E Pasco El Mirador West Hollywood,CA 90048 Palm Springs,CA 92262 Palm Springs,CA 92262 507 500 014 507 500 015 507 500 016 Lynda Morgan Franklin&Roman Raymond Jasko Oswald&Ruth Kraus 1080 E Pasco El Mirador PO Box 441 1040 E Pasco El Mirador Palm Springs,CA 92262 Forestville, CA 95436 Palm Sprigs,CA 92262 507 500 017 507 500 018 507 500 019 Henry Munson&Paul Glackman Luptowitz Edward Robrecht 21 Beaver St 1020 E Pasco El Mirador 1200 N Avenida Caballeros San Francisco, CA 94114 Palm Springs,CA 92262 Palm Springs, CA 92262 0091S aasel s,lagel ssaippV ®AU3A W G� Neighborhood Coalition List MR BILL DAVIS AND HSPB Designation MR PETER DIXON MS TRISHA DAVIS 'Ship of the Desert!' TENNIS CLUB AREA TENNIS CLUB AREA HSPB Meeting 2-10-04 431 SOUTH MONTE VISTA DRIVE 227 SOUTH CAHUILLA PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 i 4 MR FRANK TYSEN C/O CASA CODY COUNTRY INN MS. CHRISTINE HAMMOND MR BOB WEITHORN SMALL HOTELS TAHQUITZ RIVER ESTATES TENNIS CLUB I SMALL HOTELS 175 SOUTH CAHUILLA ROAD 1155 SOUTH CAMINO REAL 261 SOUTH BELARDO ROAD PALM SPRINGS CA 92262 PALM SPRINGS CA 92264 PALM SPRINGS CA 92262 MR TIM HOHMEIER MS ROXANNE PLOSS MR PHIL TEDESCO DEEPWELL OLD LAS PALMAS DEEPWELL RANCH 1387.CALLE DE MARIA 930 CHIA 1303 WEST PRIMAVERA DRIVE PALM SPRINGS CA 92264 PALM SPRINGS CA 92262 PALM SPRINGS CA 92264 MR MARSHALL ROATH MS MARGARET PARK MS SHERYL HAMLIN AGUA CALIENTE BAND OF CAHUILLA HISTORIC TENNIS CLUB AREA AGUA CALIENTE BAND OF CAHUILLA INDIANS 565 WEST SANTA ROSA DRIVE INDIANS -J=J sJ�J 650 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 CITY OF PALM SPRINGS PLANNING &ZONING DEPT VERIFICATION NOTICE-J=J-J ATTN: SENIOR SECRETARY PO BOX 2743 PALM SPRINGS CA 92263-2743 SPONSORS I f 4 !:i I TC Inl 1PIA11 1 ' 1 NOTICE OF PUBLIC HEARING CITY COUNCIL Recreational Vehicle Permit No. 04-01 1055 East Paseo El Mirador NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of March 17, 2004. The City Council meeting begins at 7:OOp.m. in the City Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, California. The purpose of the hearing is to consider an appeal by Keely Smith and Charles Caci for a recreational vehicle permit that was denied bythe Palm Springs Planning Commission on February 11, 2004. The City Council will consider the parking location of the recreational vehicle permit on a single family residential property. The subject property is located at 1055 East Paseo El Mirador, Zone R-1-C, Section 11. If any individual or group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to, the City Council hearing. An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Gabriel Diaz, Assistant Planner, Department of Planning & Zoning, (760) 323-8245, PATRICIA A. SANDERS, MMC City Clerk NOTICE OF PUBLIC HEARING CITY COUNCIL Recreational Vehicle Permit No. 04-01 1055 East Paseo El Mirador NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of March 17, 2004. The City Council meeting begins at 7:00p.m. in the City Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, California. The purpose of the hearing is to consider an appeal by Keely Smith and Charles Caci for a recreational vehicle permit that was denied by the Palm Springs Planning Commission on February 11, 2004, The City Council will consider the parking location of the recreational vehicle permit on a single family residential property. The subject property is located at 1055 East Paseo El Mirador, Zone R-1-C, Section 11. If any individual or group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to, the City Council hearing. An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Gabriel Diaz, Assistant Planner, Department of Planning & Zoning, (760) 323-8245. PATRICIA A. SANDERS, MMC City Clerk VICINITY MAP N . Site —W iioeso ieao-.zv '� East Ps`ISCO �1 M1C8dor, ' 1°° Encv —F-. /021 l02S I lod3 lob I OL _ I TRA 9 /V TRA II OI 0//-003 3 ° 4 ° 5 /00 2 /Obo .1�p w MARSHALL 'erg WAY 7 _P "a i 26 O 27 PR 29 1 $LY'EI:E W SB9°56E O P • .� Y (✓ ZS 24 - 23 22 to O O O 'Ll /096 /oLo /0'FD /Oleo lob8 m /o7Q- "3 goo co s' s, _ 409'5, E_ 54T ° OLIVE WAY A.✓fin a EKP. ' q -- IW IN' 4za�, 14 /02s ; /055 /06/ /q76 75 /d87 .,e � .C /6 ~ 9 /7 u /8 /9 ° 200�� O O O TRA 6IS 0l/-003© E Z z .s dC I j m 7-RA 0//-02/ a _ a /5O oN /4 ('i� o /3•Q',o /2 Q a // 4-o /010 III <030 /D¢2 /o�h /a7z /oC6 _,—�_i '<s »x low l04 l04• loa' . ry MCHEVAH mr C DRIVE CITY OF PALM SPRINGS CASE NO.: RV-04-01 DESCRIPTION: The applicant is proposing to obtain a Recreational Vehicle Permit. The proposed APPLICANT: Keely Smith and Charles Caci location of the Recreational Vehicle will be within the front yard. The subject property is located at 1055 East Paseo El Mirador, Zone R-1-C, Section 11. g4 ti City of Palm Springs ,IIIf l ! Office of the City Cleric +�✓ :(7 0)323- 2 Canyon Way•Palm Springs,California)92262 864- '+'\ TEL:(760)323-8204 •FAX (760)322-8332 • TDD (760)864-9527 10 February 23, 2004 Mr. Charles J. Caci 1055 Paseo El Mirador Palm Springs, CA 92262 Dear Mr. Caci: RE: Appeal of Palm Springs Planning Commission Decision dated February 11, 2004 Recreational Vehicle Parking I have received your request for appeal dated February 18, 2004 regarding the above- mentioned case. The Hearing will be set for March 17, 2004. The Hearing will be held in the Palm Springs Council Chamber, 3200 Tahquitz Canyon Way at 7:00 p.m. If you desire any documents to be given in advance to the City Council, you should provide the material to me, no later than March 11, 2004 for inclusion in the Agenda Packets. Should you have any questions, please do not hesitate to contract me directly at (760) 323-8205. t sincerely, PATRICIA A. SANDERS, MMC City Clerk cc: Planning Post Office Box 2743 0 Palm Springs, California 92263-2743 I i � Ij I •C 1 .� G_) _.7, J Crl Jt r__ I b�J.i� lrHt;i�lFS CYtG% i kEuielBR fg-iU; 02ii.9/G4 INF— I I te_SLr; 'i'Iipjd AMOUNT PEA' CHO IJ29Q.CG° [lfiM" iSo. 2:S111. � (/ o 6 4a� �I ZQ2 n r� LIIARLES J Mirador �QP� 1055 PasQO El rador Palm SPrings, CA 92262 rt; 82P43G c�; ZVED FFt�1 4b 7 ate° �/' ° �✓ r " .-a-C�,L� /w��,e. Z->�.- - • - �c.2.�-0 .-�..�41L.-'s Zee Ce�vi-�y- �.�.-.:�— ,'et �� e Igs 27/43 507 5/015Frankymond Jasko PO BForest 401, ------- PROOF OF PUBLICATION This is spaee for county Cleric's Filing Stamp (2015.5.C.C.P) STATE OF CALIFORNIA County of Riverside -------------------------------------- I am a citizen of the United States and a resident of Proof of Publication of the County aforesaid;I am over the age of eighteen -------------------------------------------- years,and not a party to or interested in the No.7392 "1 C P,NLP4 SPF,EA above-entitled matter.I am the principal clerk of a NOTICE OF OR Pueuc HEARING � printer of the,DESERT SUN PUBLISHING CIV COUNCIL COMPANY a newspaper of general circulation, Recreational vehicle Permit No. 04-01 printed and published in the city of Palm Springs, 1055 East Paseo El Mnador County of Riverside,and which newspaper has been adjudged a newspaper of general circulation b the of the IS f Palm GIVEN that the,airy council 1 g P'P g Y of the City of Palm Springs, California, will hold a Superior Court of the County of Riverside,State of public hearing at its meeting of March 17, 2004 the City COUrmll meeting beginsat 7.03200 California under the date of March 24, 1988.Case the cityCouncil Chamber at CityHal%1320ia. E. Tahquttz Canyon Way, Palm Springs,Number 191236; that the notice,of which the annexed its a printed co set in type not smaller The purpose of the h and C ri to consider r re- P PY( YP peal b� 4Ceely Smith and Charles Cad fora recre- ationa�vehicle permit that was denied by the than non purled,has been published In each regular Palm Springs Planning Commission on February and entire issue of said newspaper and not in an 11,2004 Tie City Council will consider the park- y Ing location of the recreational vehicle permit on a supplement thereof on the following dates,to wit: single family residential property. The subject property is located1055 East Pa- sea El Vinegar, Zone R-1-G, Section March Jib If any individual of group challenges the action intout, issues raised may be limited to only those ________________________----_______-----_______----_____-- issues raised at the public hearing described in this notice or in written correspondence at,ar Pr- or to,the City CoLmcil hearing An opportunity will be given at said hearing for all interested persons ------------------------ — to be heard Questions regarding this case may All in the year 2004 be directed to Gabriel Diaz, Assistant Planner, Y Department of Planning&Zonlpg, (760)323-8245. I certify(or declare)under penalty of perjury that the PATRICIA A. SANDERS, MMC foregoing is true and correct. City Cleric UJ� loth PUf3._Maiph 5, 2004 n I/ Dated at Palm Springs,California this---------day I '- of----------March 2004 ' ( - _ Signature RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION DENIAL OF CASE RV-04-1 RECREATIONAL VEHICLE PERMIT, LOCATED AT 1055 EAST PASEO EL MIRADOR, ZONE R-1-C, SECTION 11. WHEREAS, Keely Smith and Charles Caci (the "Applicants") filed an appeal letter with the City pursuant to section 94.02.01 of the Zoning Ordinance for a Recreational Vehicle Permit to be allow to be parked within the front yard and front side setbacks located at 1055 East Paseo El Mirador, Zone R-1-C, section 11; and WHEREAS,the Planning Commission,at a duly noticed public hearing on February 11,2004,reviewed and considered the staff report, correspondence, and public testimony; and WHEREAS, the Planning Commission evaluated the applicable Municipal Code provisions and voted to deny the proposed recreational vehicle permit; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider an appeal of the Planning Commission denial for a Recreational Vehicle Permit application No. RV-04-01; and WHEREAS, on March 17, 2004, a public hearing on the application for Recreational Vehicle Permit application No. RV-04-01 was held by the City Council in accordance with applicable law; and WHEREAS, the City Council 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,all written and oral testimony presented. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to Municipal Code provisions, the City Council finds that: a. The use applied for at the location set forth in the application is properly one for which a Recreational Vehicle Permit is authorized by the City's zoning ordinance. b. The said use is not necessary or desirable for the development of the community, and is in not harmony with the various elements or objectives of the General Plan. C. The proposed Recreational Vehicle Permit is for parking a recreational vehicle in the front and side yard. d. The recreational vehicle will be visible to surrounding properties and a public street. 3C_ e. The recreational vehicle cannot be reasonably screened due to its proposed location, length, height and overall mass. f. The Municipal Code states that a recreational vehicle under 24 feet in length can be located in the front yard. The subject recreational vehicle is 38 feet in length. g. That there are no other areas on the subject property to park the subject recreational vehicle. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby denies Recreational Vehicle Permit No. RV-04-01. ADOPTED this 171h day of March, 2004. AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: City Clerk City Manager REVIEWED AND APPROVED AS TO FORM I �� Z