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HomeMy WebLinkAboutItem 3A - Public CommentMay 28, 2025 Sarah Yoon, Associate Planner/Historic Preservation Officer sarah.yoon@palmspringsca.gov Department of Planning Services/ City of Palm Springs, California 3200 Tahquitz Canyon Way Palm Springs, California 92263 Re: Opposition to Certificate of Appropriateness to build a house on the Avery Field Cabin Ruins Dear Ms. Yoon: This firm has the privilege of representing a group of homeowners (Dan Bridge, Julie Jorgensen and others) who live directly adjacent to the footprint of the proposed development on the historic Avery Field Cabin Ruins, a Class 1 historic site located at the end of Santa Rosa Drive (APN #513-193-001) (“Project”). Because the Project is proposed at a Class 1 Historic Site, the developer is required to obtain a Certificate of Appropriateness from the City of Palm Springs, Historic Site Preservation Board (“HSPB”).1 This letter is written in opposition to a Certificate of Appropriateness for this Project. We request this letter be sent to all members of the HSPB. The Project site and affected homeowners are identified below. 1 Palm Springs Municipal Code Section 8.05.110.C.1 “A certificate of Appropriateness must be issued by the HSPB as the approval authority for demolition or major alteration to a historic resource.” 45-025 Manitou Drive, Suite 3 - Indian Wells, CA 92210 Phone 760.360.7666 Fax 760.262.3957 Rob@RobBernheimer.com ROBERT A. BERNHEIMER A Professional Law Corporation Sarah Yoon May 28, 2025 Page 2 At its May 6, 2025 meeting, the HSPB concluded that the Developer did not build a record that would allow the HSPB to grant a Certificate of Appropriateness.” The HSPB continued its May hearing until June 3, 2025 to allow the Developer to submit additional information. I. Standards for Issuance of a Certificate of Appropriateness Palm Springs Municipal Code Section 8.05.110.E establishes “Criteria and Findings for Alteration of Class 1 and Class 2 Historic Resources.” These include: “1. That the proposed alteration does not significantly impact or materially impair the character-defining features of the historic resource as listed in the resolution for historic designation, or, where a character defining feature may be impacted, the proposed alteration minimizes that impact as much as possible; 2. That the proposed alteration will assist in restoring the historic resource to its original appearance where applicable, or will substantially aid its preservation or enhancement as a historic resource; 3. That any additions to the historic resource are consistent with the massing, proportions, materials, and finishes of the existing historic resource…” As set forth below, none of these criteria can be established and the Project should be DENIED because it will: 1. Significantly impact or materially impair the character-defining features of the historic resource. 2. Will NOT assist in restoring the historic resource to its original appearance. 3. Will NOT substantially aid its preservation or enhancement as a historic resource. 4. The Project is out of proportion with the massing of the historic resource. For these reasons and those further identified below, the HSPB should deny the Certificate of Appropriateness because the Developer has not met its required burden to “make a major alteration to a historic resource.” II. Significant Grade/Grading Challenges A key issue of contention with this Project is that the closer the proposed home gets to the actual ruins of the Avery Field House, the less impact the Project has on adjoining neighbors. Complicating this is the fact that the current grade level of the Project lot is 8 feet higher than the pad level of the existing homeowners, as shown below. ROBERT A. BERNHEIMER A Professional Law Corporation Sarah Yoon May 28, 2025 Page 3 Moreover, the current pile of rocks at the base of the Project site adjacent to Santa Rosa Drive is not the original pad elevation of the lot. The grade is artificially mounded with debris and boulders from the construction of the Historic Tennis Club.2 The site plan appears to continue to incorporate the artificially elevated grade, which could lead to destabilization, increased erosion, and potential damage to the ruin and surrounding properties. One of my clients, Julie Jorgensen, spoke at the HSPB’s May meeting. She expressed concern that siting the Project as far as possible from the cabin ruins has the effect of exacerbating the considerable impacts such a large development would cause to her and her neighbors’ homes. The Tennis Club homes of the neighbors are low-rise and are situated at street grade. The Project is set at a much higher, mounded grade than the neighboring homes. Its proposed retaining wall alone would rise 10 feet from the closest home, and its overall design rises more than 30 feet at these neighboring homes’ fence lines. The currently proposed grading will require extensive removal of natural vegetation, further exacerbating erosion risks and destroying wildlife habitat. The plans do not adequately 2 See City of Palm Springs, Initial Study, TPM 36922, “The eastern side of the property appears to be disturbed and can be attributed to the construction of the buildings in the tennis club property, from which large piles of boulders may have been pushed into the project area. A dirt road runs along the eastern and southern project boundaries.” ROBERT A. BERNHEIMER A Professional Law Corporation Sarah Yoon May 28, 2025 Page 4 demonstrate how the development will incorporate and screen retaining walls, which are visually intrusive and could disrupt the natural drainage patterns that protect the ruins. It is likely that restoring the natural grade to this portion of the site, where the construction of the house is proposed, would uncover a portion of the Historic Tahquitz Ditch, which was constructed in the 1830s to bring water from Tahquitz Canyon to Palm Springs Village and the original location of the tribal spa.3 If the development is to proceed, archaeological work should be completed before initiating construction to ensure that the Tahquitz Ditch resource is understood and given adequate historic protection. The very minimal proposed setback exacerbates the massive visual impact to the neighboring homes to the south. The extremely large footprint of the home, nearly 5000 square feet, together with its proposed 24-foot height, atop a grade that is 6-8’ feet above the street and the neighbors’ grade, results in the neighbors’ homes being completely engulfed by the development. These impacts affect the Avery Field Cabin Ruins, in addition to the neighboring, currently occupied homes. III. Drainage and Erosion Control, Geology and Soils. The Project site also involves significant drainage challenges, even without further development, given its unique place in the mountainside runoff drainage plan of the City of Palm Springs. The historic Baristo Wash cuts through the site, offering an historic, beautiful, and sensitive habitat for endangered species, and providing a critical, practical component of the entire City’s water management plan, as water flows from the mountainside into the village. The proposed drainage and erosion control measures are insufficient to handle the unique challenges of this hillside site. Adding more than 5000 square feet of new hardscape, including what appears to be a large driveway over the wash, will increase the water flow and speed through the Baristo Wash, and will likely require engineered canals and reinforcements that will affect the scenic, species habitat, and hydrologic roles of the wash. Even at present, without the construction of the Project, the Baristo Wash is insufficient to control existing storm runoff. Two adjacent homes located at 555 West Baristo Road Nos. 30 & 31, have 3 Explore Palm Springs: Water Ditches: Tahquitz Ditch, Whitewater Ditch brought water to Palm Springs in early 1900s, Palm Springs Life, April 30, 2015 ROBERT A. BERNHEIMER A Professional Law Corporation Sarah Yoon May 28, 2025 Page 5 experienced runoff directly from the mounded portion of the site, onto the neighboring lawn and to the home’s foundation, causing significant water damage and reconstruction expense. Recently, a French ditch was constructed at the homeowner association’s expense, to ensure that current runoff is safely directed offsite. Other neighbors experience flooding of their patios from the wash during heavy rain. The potential for increased runoff, erosion, and sedimentation from covering the bulk of the buildable area of the site with hardscape poses a significant risk to abutting properties and the natural environment. The development will increase the amount of impervious surfaces, leading to a greater volume of stormwater runoff that is likely to overwhelm existing drainage systems and cause flooding. The proposed erosion control measures do not adequately address the long -term stability of the slope. Additionally, it appears the site is within a rockfall hazard area. This requires the preparation of a geotechnical investigation to determine the areas of potential rockfall, and whether any walls will be required to protect the ruins and neighboring houses from rockfall. New channels and significant walling are likely to be required in order to fortify the Baristo Wash. These preventive measures could have impacts on the ruins. In order to protect the Historic Resource from the development’s impacts on the dramatic mountainside hydrology, at a minimum, the HSPB should confirm that the project will be required to comply with NPDES stormwater regulations during construction, and it should confirm that Riverside County Flood Control and Water Conservation District and the City of Palm Springs will assert flood control jurisdiction and will require and oversee a detailed hydrology report to consider on and offsite impacts. IV. Visual Impacts. The Project’s size and placement on the lot will create a visually obtrusive structure that dominates the site, rather than blending harmoniously with the neighboring development. The mass of the building is not in keeping with the setting of the ruins and will negatively impact views from surrounding properties. The sheer size of the proposed structure will block sunlight and mountain views for the neighboring properties and the sightline of the ruins. The building’s proposed height exceeds the allowable limits for hillside development if natural street grade is not restored prior to construction, creating an unwelcome precedent for future projects. ROBERT A. BERNHEIMER A Professional Law Corporation Sarah Yoon May 28, 2025 Page 6 V. Adverse Impact on Biological Resources. The Project will detract from the Historic Resource by creating significant impacts on sensitive species, riparian habitat and wetlands, and it conflicts with established conservation plans.4 These natural components are what drew Avery Field and the artists’ community to settle in this unique setting and are relevant to the protection of the resource. There are 16 special-status plant species that occur onsite. The Baristo Wash is “Desert Dry Wash Woodland Habitat,” which is protected by both state and Federal standards. A 2018 study (the “City Study”) conducted on the site by the City concluded that the Wash is protected by both State and federal standards, and impacts to it would be significant.5 The City has concluded that consultation and permitting processes with the California Department of Fish and Wildlife, the U.S. Army Corps of Engineers, and the US Department of Fish and Wildlife Services would be required, and the Developer must provide signed permits or confirmation that no permitting is required. A portion of the site falls within the Santa Rosa and San Jacinto Mountains Conservation Agreement, which is preserved for Peninsular Bighorn Sheep, as shown in the Coachella Valley Multiple Species Habitat Conservation Plan. The City Study concluded that the Developer would also need to show that the quantity and quality of runoff discharged to the adjacent conservation area is not altered in an adverse way, when compared to existing conditions, and that noise not exceed 75 dba by setbacks, berms, and walls to minimize the effect on the adjacent conservation area. It also specified that a biological monitor for Big Horn Sheep should be present during ground disturbing activities. VI. Fire Safety. Development on this hillside lot raises serious fire safety concerns. Increased density, limited access, and the potential for fire spread necessitate careful consideration, and the current proposal does not adequately address these risks. The proposed development does not provide adequate emergency vehicle access to the hillside, where the meeting of natural mountainside with intense development creates new fire hazards. The lack of sufficient defensible space around the proposed structure increases the risk of fire damage to both the new development and surrounding properties. 4 City of Palm Springs, Draft Initial Study/ Mitigated Negative Declaration, TPM 36922 / 7.1482AMM 5 Initial Study / Mitigated Negative Declaration, City Project No. TPM 36922 / 7.1482 AMM, April 2018 ROBERT A. BERNHEIMER A Professional Law Corporation Sarah Yoon May 28, 2025 Page 7 VII. Conclusion For all of the above reasons, a Certificate of Appropriateness should be denied for this Project. Cordially, Robert A. Bernheimer Cc: Historic Site Preservation Board Members: Jade Nelson, Chair Erik Rosenow, Vice Chair Kurt Bachman Janet Hansen Jeffrey Herr Peter Moruzzi Katherine Maschka-Hitchcock