HomeMy WebLinkAbout25043RESOLUTION NO. 25043
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF '
PALM SPRINGS, CALIFORNIA, OVERTURNING THE
PLANNING COMMISSION'S DECISION TO DENY AND
APPROVING MAJOR ARCHITECTURAL (MAJ) AND
ADMINISTRATIVE MINOR MODIFICATION (AMM)
APPLICATIONS, CASE 3.4216 MAJ AND CASE 7.1633
AMM, FOR THE CONSTRUCTION OF A 3,344-SQUARE-
FOOT SINGLE-FAMILY RESIDENCE WITH THE FRONT
YARD SETBACK OF 10 FEET AND THE MAXIMUM
BUILDING HEIGHT OF 25.8 FEET ON AN UNDEVELOPED
HILLSIDE PARCEL LOCATED AT 322 WEST CRESTVIEW
DRIVE, ZONE R-1-C, SECTION 27.
WHEREAS, Eric Hawkins of Hawkins + Marshall ("Applicant") filed a Major
Architectural (MAJ) application, Case 3.4216 MAJ, with the Planning Division of the City
of Palm Springs Development Services Department on behalf of Carmelita Properties
Limited, property owner, pursuant to Section 94.04.00 (Architectural Review) of the
Zoning Ordinance for the construction of a new 3,344-square-foot single-family
residence on a 11,206-squaref-foot undeveloped hillside parcel located at 322 West
Crestview Drive, Zone R-1-C, Section 27.
WHEREAS, Eric Hawkins of Hawkins + Marshall ("Applicant") filed an '
Administrative Minor Modification (AMM) application, Case 7.1633 AMM, with the
Planning Division of the City of Palm Springs Development Services Department on
behalf of Carmelita Properties Limited, property owner, pursuant to Section
94.06.01(A)(10). The AMM application was filed for: 1) a 10-foot front yard setback
instead of the code -required 25-foot-minimum; and 2) the maximum building height of
25.8 feet instead of the code -required maximum 18 feet.
WHEREAS, on June 7, 2021, the Architectural Advisory Committee (AAC)
reviewed the project and voted 6-2 (2 absent: Lockyer and Poehlein) for the project to
be continued for further study.
WHEREAS, on July 19, 2021, the Architectural Advisory Committee (AAC)
reviewed the project and voted unanimously for the project to be continued for further
study.
WHEREAS, on August 30, 2021, the Architectural Review Committee (ARC)
reviewed the project and voted 6-0 (1 Absent, Doczi, 1 Abstain, Jakway) to recommend
approval to the Planning Commission subject to the conditions of approval. The
conditions of approval are:
1. Incorporate staff comments (side setback and landscape). '
2. Add landscape materials in front and rear of the residence and design in
natural condition.
3. Reduce the height of the garage parapet.
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4. Work with staff to lower the overall building height.
WHEREAS, on December 8, 2021, the Planning Commission reviewed and
voted unanimously to continue the project to a date certain of January 12, 2022 with a
condition that the applicant install story poles and provide additional renderings.
WHEREAS, on January 12, 2022, the Planning Commission reviewed and voted
unanimously to continue the project to a date certain of January 26, 2022 with a
condition that the applicant provide the following:
1. Certification of story pole accuracy (including the heights and locations) from
the installing engineer/surveyor.
2. Story pole installation with ribbon/string between the story poles to clearly
show the proposed massing.
3. Revised renderings to accurately depict proposed structures, including the
following specific changes:
a. Pier designs where proposed
b. A reduction in the overall building height
4. Provide landscape plan that includes proposed revisions recommended by
the ARC.
WHEREAS, on January 26, 2022, the Planning Commission voted 6-0 (1 Absent:
Hirschbein) to continue the project to a date certain of February 9, 2022.
WHEREAS, on February 9, 2022, the Planning Commission voted unanimously
to continue the project to a date certain of February 23, 2022.
WHEREAS, on February 23, 2022, the public meeting on the applications, Case
3.4216 MAJ and Case 7.1633 AMM, was held by the Planning Commission in
accordance with applicable law, and the Planning Commission voted 4-1 (Noes:
Roberts, 2 absent: Ervin & Moruzzi) to deny the applications based on the findings that
the proposed project is neither consistent with the intent of the General Plan Community
Design Element nor compatible with the surrounding development and the development
pattern of the neighborhood.
WHEREAS, on March 3, 2022, Eric Krut of Carmelita Properties Limited timely
filed an appeal to the City Council of the February 23, 2022 Planning Commission's
decision to deny Case 3.4216 MAJ and Case 7.1633 AMM in accordance with
applicable law.
WHEREAS, on April 7, 2022, an appeal hearing on Case 3.4216 MAJ and Case
7.1633 AMM was held by the City Council in accordance with applicable law. The City
Council voted 3-1 (Noes: Middleton) to overturn the Planning Commission's decision to
' deny Case 3.4216 MAJ and Case 7.1633 AMM and approve the project with a direction
for staff to substantiate the determination that proposed project is categorically exempt
from further CEQA (California Environmental Quality Act) review under CEQA
Guidelines Section 15303(a) (Class 3, New Construction or Conversion of Small
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Page 3
Structures). '
WHEREAS, on July 28, 2022, the City Council reviewed the supplemental
information prepared by Terra Nova Planning & Research, Inc. which supports the
staffs determination that the proposed project is categorically exempt from further
CEQA (California Environmental Quality Act) review under CEQA Guidelines Section
15303(a) (Class 3, New Construction or Conversion of Small Structures) in accordance
with applicable law.
WHEREAS, the proposed project is considered a "project" pursuant to the
California Environmental Quality Act ("CEQA") and been determined to be categorically
exempt pursuant to Section 15303(A) of the CEQA Guidelines (Class 3, New Single -
Family Residence).
WHEREAS, the City Council has carefully reviewed and considered all of the
evidence presented in connection with the meeting on the Project, including but not
limited to, the staff report, all environmental data including the environmental
assessment prepared for the project and all written and oral testimony presented.
WHEREAS, pursuant to Section 94.04.00 (Architectural Review) of the Palm
Springs Zoning Code, the City Council finds that, based upon the following factors, the
proposed project will provide a desirable environment for its occupants as well as being '
compatible with the character of adjacent and surrounding developments:
1. Site layout, orientation, location of structures and relationship to one
another and to open spaces and topography. Definition of pedestrian and
vehicular areas; i.e., sidewalks as distinct from parking lot areas.
The site's topography slopes down from the southwest corner of the parcel
towards the northeast corner. The proposed residence is laid out in an L-shaped
orientation, which will be positioned to take advantage of the view to the north.
Vehicular access to the site is provided by the proposed driveway, next to which
will be a Corten steel gate for pedestrian entry.
2. Harmonious relationship with existing and proposed adjoining
developments and in the context of the immediate neighborhood/community,
avoiding both excessive variety and monotonous repetition, but allowing similarity
of style, if warranted
In addition to this MAJ application, the Planning Division has received a MAJ
application (Case 3.4215 MAJ) for the adjacent parcel to the east, which is
owned by the same property owner. The architectural style of the two residences
is contemporary and very similar in design; however, the use of similar yet '
different construction materials and color palette differentiate the two projects
visually. The adjacent property to the south is designed with red clay roof tiles
with stucco or plaster, and the abutting property to the west also exhibits
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' contemporary architectural design in all -white exterior. Although the proposed
architectural style is different from the south neighboring property, different
architectural styles and building materials are observed in the neighborhood.
Therefore, the proposed design is contextually appropriate.
3. Maximum height, area, setbacks and overall mass, as well as parts of any
structure (buildings, walls, screens, towers or signs) and effective concealment of
all mechanical equipment;
The proposed project generally meets the applicable development standards.
The building extends above the R-1-C Zone building envelope standard, which
includes a building height of 12 feet at the setback and the 18-foot-maximum at
the slope of 4:12 ratio as proposed. However, the building height may be
increased up to 30 feet with AMM approval given that such modifications will not
have detrimental impact on the adjacent properties pursuant to Palm Springs
Zoning Code Sections 92.01.03(B)(5) and 94.06.01(A)(10). The applicant
submitted an AMM application (Case 7.1633 AMM) to request the building height
of 25.8 feet. The project proposes to place mechanical equipment underneath
the residence out of the yard setback area. Solar panels will be installed on the
garage roof behind the parapet.
4. Building design, materials and colors to be sympathetic with desert
surroundings;
The proposed materials such as concrete, anodized aluminum window frames,
plaster, and wood are commonly observed construction materials in the City, and
the project proposes desert -neutral color palette.
5. Harmony of materials, colors and composition of those elements of a
structure, including overhangs, roofs, and substructures which are visible
simultaneously,
The proposed color palette consists of desert -neutral colors such as dark brown
(Thermory Ignite Spruce and Ash Cladding), light gray (Exposed concrete,
Stucco-Merlex Plaster P-2090 Thunder Sky, Clear Anodized Aluminum window
frames). The simplistic architectural design will showcase the details and unique
character of each construction material, and the materials and colors are
complementary to each other.
6. Consistency of composition and treatment;
The project proposes the consistent architectural treatment on all four sides as
exemplified by the application of rectilinear form and repeated use of identical
' construction materials.
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7. Location and type of planting, with regard for desert climate conditions.
Preservation of specimen and landmark trees upon a site, with proper irrigation
to insure maintenance of all plant materials;
The proposed plant palette consists of plant materials that are included in the
Lush and Efficient gardening book for the Coachella Valley as required in PSMC
Section 8.60.060(b)(a). No turf is proposed for the project. The revised
landscape plan depicts additional planting materials throughout the site;
however, the proposed Desert Acacia in the front yard appears detached from
the rest of the project site. The project is subject to a condition of approval which
requires the applicant to address this design issue. As conditioned, the project
would meet this finding.
WHEREAS, pursuant to Section 93.13.00 (Hillside Developments) of the Palm
Springs Zoning Code, the City Council finds that, based upon the following factors, the
proposed project will provide a safe, orderly and aesthetically appealing development to
the hillside area:
1. Rock and soil exposure;
The project site is currently undeveloped. The site's condition appears to be very
similar to other undeveloped hillside lots in the City; there is no rock or soil I
exposure that is particularly unique to the site. The existing hillside landscape
will be retained around the perimeter of the proposed residence.
2. Size of building pad;
The project proposes the construction of a 3,344-square-foot primary residence,
533-sq. ft. garage, outdoor living space, and a pool deck on a 11,206-squre-foot
lot. The Grading & Slope Band Diagram on Sheet T0.01 provides the proposed
building pad location relative to the site's slope. The size of the developed
building pad area is approximately 2,847.85 square feet in area, which is
equivalent to 25.4% of the total lot size.
3. Design considerations, such as supporting stilts, colors and building
arrangement;
Since the August 30, 2021 ARC review, the piers for structural support in the rear
have been changed to walls. As shown on Sheet T0.01, the structural walls will
be located in the area which is more than 30% in slope. Considering the area,
support structures that minimize their impact on the natural hillside topography
are highly desired. A condition of approval is proposed to revise the design and
improve conformance with this finding.
4. Screening of parking areas; I
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The project proposes a two -car parking garage. The garage opening is slightly
angled, and it is side (east) -facing.
5. Landscaping plans;
The project proposes the installation of drought -tolerant plant materials in limited
areas for accent. The landscape design incorporates an organic form in the
overall design as exemplified by the application of Desert Carpet groundcovers.
The repeated use of Stipa Mexican Grass gives landscape continuity in the
different areas of the project site. However, the freestanding Desert Acacia
appears to be detached from the rest of the landscape design. The proposed
project is subject to a condition of approval which requires this landscape issue
to be addressed. As conditioned, the proposed project meets this finding.
6. Continuity with surrounding development;
The project proposes a 3,344-square-foot primary residence with the building
footprint of approximately 2,324 square feet. The building footprint of the eight
(8) existing single-family residences located within the site's vicinity ranges from
1,950 square feet to 7,749 square feet based on the measurement taken by
using the City's mapping software. The average size is 3,465 square feet. The
proposed footprint is less than the average; therefore, the proposed residence is
compatible with other residences in the neighborhood. Hence, the project will not
disrupt the development pattern of the site's vicinity.
7. Sensitivity to existing view corridors.
The height of the upper -level of the proposed residence varies from 10.5 feet to
13.5 feet. The average elevation of the top of street in front of the site is 502
feet, and the elevation measured at the top of the upper level is 511.50 feet. This
indicates that the height of the garage measured from the street will be
approximately 9.5 feet, which is lower than the height of a typical single-family
residence. The topography slopes down as it moves towards the rear of the
property, and the top of the rear (two-story) portion of the residence decreases
by 3 feet. The finished floor elevation of the adjacent property to the west is
508.42 feet, and the top of the proposed residence is only 3.08 feet above it.
Therefore, the impact of the project on the existing view corridors to be very
minimum.
WHEREAS, pursuant to Section 94.06.01 (Minor Modifications) of the Palm
Springs Zoning Code, the City Council finds:
1. The requested minor modification is consistent with the general plan,
' applicable specific plan(s) and overall objectives of the zoning ordinance.
The approval of this AMM application is requested for an increase in the
maximum allowable building height and a front yard setback reduction for a
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hillside single-family residence in accordance with Palm Springs Zoning Code '
Sections 92.01.03(B)(5) and 94.06.01(A)(10). The project proposes the
maximum building height of 25.8 feet, and it is less than the 30-foot-maximim
allowed per PSZC Section 94.06.01(A)(10). PSZC Section 94.06.01(A)(10)
allows a 10-foot front yard setback via an AMM application. The approval of the
AMM application will not alter the nature of the proposed project or the single-
family residential land use, and it is consistent with the objectives of the General
Plan and zoning ordinance.
2. The neighboring properties will not be adversely affected as a result of the
approval or conditional approval of the minor modification.
The height of the upper -level of the proposed residence varies from 10.5 feet to
13.5 feet. The average elevation of the top of street in front of the site is 502
feet, and the elevation measured at the top of the upper level is 511.50 feet. This
indicates that the height of the garage measured from the street will be 9.5 feet,
which is lower than the height of a typical single-family residence. The property
abuts to a vacant lot in the rear and to the east. The information on Sheets
T1.00 and A3.01 indicate that the finished floor of the proposed project is 10.4
feet lower than the adjacent property to the west, and the top of the proposed
residence extends above the neighbor's finished floor by 3.08 feet which is below
the neighbor's eye -level (eye -level is typically measured 5 feet above '
ground/floor). Additionally, the Prevailing Setback Diagram (Sheet T0.01) shows
that front yard setback of the neighboring property to the west is less than 10
feet. Finally, the proposed 10-foot front yard setback applies to the garage only.
Since the garage is not a habitable space, it eliminates concern relating to
privacy or noise impact on the adjacent properties. Hence, the approval of the
AMM application will not adversely affect the neighboring properties.
3. The approval or conditional approval of the minor modification will not be
detrimental to the health, safety, or general welfare of persons residing or
working on the site or in the vicinity.
The approval of this AMM application will not affect or alter the single-family
residential use of the subject property. The proposed residence will be required
to be constructed in accordance with the applicable zoning code regulations and
the California Building Code for safety compliance. Therefore, it will not
adversely affect the individuals who live or work on the site or its vicinity.
4. The approval of the minor modification is justified by environmental
features, site conditions, location of existing improvements, or historic
development patterns of the property or neighborhood.
The width of the project site is 79.3 feet, and it is substandard to the R-1-C Zone '
minimum lot width requirement of 100 feet. Although the project site is standard
in terms of its size, the site is narrow and its viable space for development is
limited to the front half portion of the lot due to the steep topography in the rear.
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' Hence, the approval of this AMM application is justified by the site's physical
setting.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. That the foregoing Recitals are true and correct and are
incorporated herein by this reference.
SECTION 2. That the proposed project is considered a "project" pursuant to the
terms of the California Environmental Quality Act ("CEQA"), and has been determined
to be categorically exempt pursuant to Section 15303(a) of the CEQA Guidelines (Class
3, New Single -Family Residence), based on the supplemental CEQA analysis
presented to City Council as part of the staff report, dated July 28, 2022.
SECTION 3. That the City Council hereby overturns the February 23, 2022
Planning Commission decision to deny and hereby approves Major Architectural (MAJ)
and Administrative Minor Modification (AMM) applications, Case 3.4216 MAJ and Case
7.1633 AMM subject to the conditions of approval included in Exhibit A, for the
' construction of a 3,344-square-foot single-family residence with the front yard setback
of 10 feet and the maximum building height of 25.8 feet on an undeveloped hillside
parcel located at 322 West Crestview Drive, Zone R-1-C, Section 27.
ADOPTED THIS 28TH DAY OF JULY. 2022.
TE SA GALLAVAN
INTERIM CITY MANAGER
ATTEST:
AIX4/
BRE DAP EE, CMC, CERA
CITY CLERK
Resolution No. 25043
Page 9
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss.
CITY OF PALM SPRINGS)
I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 25043 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 July 28, 2022, by the
following vote:
AYES: Councilmembers Kors, Woods, Holstege and Mayor Pro Tem Garner
NOES: Mayor Middleton
ABSENT:
ABSTAIN:
0
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of Palm Springs, California, this _Z_q day of ncfober l�
rends Kee, MMC, CERA, City Clerk
City of Palm Springs, California