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Home My WebLink About23757 RESOLUTION NO. 23757 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, UPHOLDING THE APPEAL OF 750 LOFTS, LLC, AND AMENDING THE CONDITIONS OF APPROVAL IMPOSED BY THE HISTORIC SITE PRESERVATION BOARD ON THE CERTIFICATE OF APPROVAL FOR PLANNED DEVELOPMENT DISTRICT 374, A MIXED-USE PROJECT INCLUDING 38 HOTEL ROOMS, EIGHT RESIDENTIAL UNITS, AND ANCILLARY COMMERCIAL SPACE LOCATED AT 750 NORTH PALM CANYON DRIVE, ZONE C-1 / R-3 / PD 104 / RESORT COMBINING ZONE / THE LAS PALMAS BUSINESS HISTORIC DISTRICT (APN 505-303-018). WHEREAS, an application for a Planned Development District has been submitted by 750 Lofts, LLC, (the "Applicant'), for the development of a mixed-use project including 38 hotel rooms, eight residential units and ancillary commercial space on a 1.13 acre parcel, identified as Planned Development District 374, ("PDD 374"); and WHEREAS, PDD 374 is located on the site of an existing commercial development consisting of a two-story bank building with an overall height of approximately 28 feet; and WHEREAS, PDD 374 is located on property within the Las Palmas Business Historic District, (the "Historic District'), established by the City Council in 1985, subject to certain Design Guidelines, (the "Design Guidelines"); and WHEREAS, pursuant to Chapter 8.05 "Historic Preservation," of the Palm Springs Municipal Code, (the "PSMC"), PDD 374 is subject to the review and approval of the Historic Site Preservation Board, (the "HSPB"), through issuance of a certificate of approval; and WHEREAS, on October 14, 2014, the HSPB reviewed PDD 374, and voted to approve PDD 374 subject to further review upon the subsequent submittal by the Applicant of a Major Architectural Approval application associated with PDD 374; and WHEREAS, the Applicant filed architectural drawings associated with a Major Architectural Approval for PDD 374, subject to review by the Architectural Advisory Committee, (the "AAC"); and WHEREAS, the AAC reviewed PDD 374 at its October 6, 2014, meeting and approved PDD 374 subject to conditions, including revised landscape plans to address streetscape conditions, review of sight lines from the proposed rooftop deck to adjacent properties, establishment of proposed building height through story poles or equivalent Resolution No. 23757 Page 2 methods, and resubmittal of color and material samples to determine consistency with architecture found within the Historic District; and WHEREAS, the AAC reviewed PDD 374 at its December 22, 2014, meeting to consider the additional materials requested as part of its conditional approval at its October 6, 2014, meeting, and found the PDD 374 was generally consistent with the Design Guidelines established for the Historic District; and WHEREAS, at its December 22, 2014, meeting, the AAC approved PDD 374 finding that the massing of the proposed building had been sensitively handled, and that the resubmitted colors and materials were more harmonious with existing buildings located in the Historic District; and WHEREAS, pursuant to the HSPB's conditional approval of PDD 374, and a requirement to submit for review and approval a Major Architectural Approval application, the Applicant scheduled further review of PDD 374 by the HSPB following review and approval of PDD 374 by the AAC, and findings by the AAC that PDD 374 was consistent with the Design Guidelines of, and harmonious with existing architecture found in the Historic District; and WHEREAS, on January 13, 2015, the HSPB reviewed the Major Architectural Approval application associated with PDD 374, and determined that the design of PDD 374 was inconsistent with the Design Guidelines of, and not harmonious with existing architecture found in the Historic District; and WHEREAS, at its January 13, 2015, meeting, the HSPB voted to approve a Certificate of Approval for PDD 374, subject to four conditions, including Condition No. 1: "The height is inconsistent with historic district guidelines and needs to be reduced by approximately four feet (to roughly 34 feet total)," and Condition No. 2: "The elevation along Indian Canyon Drive should be reduced to two stories and twenty (20) feet closest to the street, and allowed to step back to higher elevations further within the site;" and WHEREAS, on January 21, 2015, pursuant to Chapter 2.05 and Section 8.05.230 of the PSMC, the Applicant filed an appeal of Conditions No. 1 and No. 2 associated with the Certificate of Approval issued by the HSPB for PDD 374; and WHEREAS, the applicant has waived its required notice of public hearing of the requested appeal before the City Council; and WHEREAS, on February 4, 2015, the City Council held a public hearing to consider the Applicant's appeal of Conditions No. 1 and No. 2 associated with the Certificate of Approval for PDD 374 issued by the HSPB at its meeting of January 13, 2015; and Resolution No. 23757 Page 3 WHEREAS, at its public hearing conducted on February 4, 2015, the City Council has carefully reviewed and considered all of the evidence presented in connection with an appeal of Conditions No. 1 and No. 2 associated with the Certificate of Approval for PDD 374 issued by the HSPB at its meeting of January 13, 2015, including, but not limited to, the staff report, and all written and oral testimony presented; and WHEREAS, at its public hearing conducted on February 4, 2015, the City Council also reviewed Condition No. 3 associated with the Certificate of Approval for PDD 374 issued by the HSPB at its meeting of January 13, 2015, limiting any additional shade structures on the 4th floor roof deck, and carefully considered the elimination of the condition based on the evidence and all written and oral testimony presented; and WHEREAS, adoption of this Resolution upholding the appeal of Conditions No. 1 and No. 2, and the elimination of Condition No. 3 associated with the Certificate of Approval issued by the HSPB for PDD 374 is not considered a "project" as defined by Section 15378 of the California Environmental Quality Act (CEQA), in that PDD 374 itself is considered a "project" subject to additional future discretionary approvals and CEQA review by the City, however, pursuant to CEQA the term "project" does not mean each separate governmental approval, and the action considered by this Resolution will not itself result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The above recitals are all true and correct and are hereby adopted as findings. SECTION 2. The Design Guidelines for the Las Palmas Business Historic District include general provisions for building height and massing, and state (in relevant part, with emphasis added): The height of new construction should be generally similar to other buildings in the surrounding area. Variety in building heights may be achieved by creating setbacks in the fagade, by stepping back upper stories, and by building decks and balconies, when this is appropriate for the design...One- and two-story buildings are typical of this area. Towers with additional stories have been used at the comers of some buildings to create interest." The City Council hereby finds that Planned Development District 374, as reviewed and approved by the City's Architectural Advisory Committee, has massing of the proposed building that has been sensitively design within the context of the Las Palmas Business Historic District, and is in general conformance with the Design Guidelines established for the Las Palmas Business Historic District. SECTION 3. The City Council hereby upholds the appeal submitted by 750 Lofts, LLC, related to Planned Development District 374, and eliminates Conditions No. 1, No. 2, and No. 3 of the Certificate of Approval for Planned Development District 374 issued by the Historic Site Preservation Board at its January 13, 2015, meeting, Resolution No. 23757 Page 4 imposing a maximum overall building height of 34 feet, a maximum building height of 20 feet as measured at the closest setback to the Indian Canyon Drive frontage, and a limitation on any additional shade structures on the 4th floor roof deck. ADOPTED THIS 4T" DAY OF FEBRUARY, 2015. DAVID H. READY, CI AGER ATTEST: AMES 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, California, do hereby certify that Resolution No. 23757 is a full, true, and correct copy, and was adopted at a regular meeting of the City Council held on the 4th day of February, 2015, by the following vote: AYES: Councilmember Hutcheson, Councilmember Mills, Mayor Pro Tern Lewin, and Mayor Pougnet. NOES: None. ABSENT: Councilmember Foat. ABSTAIN: None. MES THOMPSON, CITY CLERK ity of Palm Springs, California