HomeMy WebLinkAbout22746 RESOLUTION NO. 22746
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DENYING THE APPEAL
BY THE SCHULTZ FAMILY TRUST AND UPHOLDING THE
DECISION OF PLANNING COMMISSION TO DENY A
ROOFTOP DECK FOR A PREVIOUSLY APPROVED
HILLSIDE SINGLE-FAMILY RESIDENCE TO BE LOCATED
AT 587 CAMINO CALIDAD, CASE NO. 3.2795-SFR.
WHEREAS, the Schultz Family Trust filed an application with the City pursuant
to Section 94.04.00 and 94.06.01 of the Zoning Code for a 5,618-square foot single-
family residence, including an attached 644 square foot second unit, with a reduced
front yard setback to 23.5 feet on a vacant lot located at 587 Camino Calidad (APN:
513-260-029), Zone R-1-A, Section 22; and
WHEREAS, on February 24, 2010, the Planning Commission approved Case
3.2795 SFR, an application to construct a hillside single-family residence, subject to
conditions, including PLN 10:
a. Prior to issuance of a building permit, the rooftop deck and exterior
stairway shall be removed from the final design. The location
where the roof deck was proposed shall match the adjacent roof
design, material and color.
b. Should the applicant wish to retain the proposed exterior stairway
and / or rooftop deck, detailed plans shall be submitted to the
Planning Department for review by the Architectural Advisory
Committee and final approval by the Planning Commission; and
WHEREAS, on April 12, 2010, the Architectural Advisory Committee reviewed
additional materials submitted by the applicant for inclusion of the rooftop deck and
voted 5-2 (O'Donnell and Parker opposed) to recommend approval as submitted to the
Planning Commission; and
WHEREAS, on April 28, 2010, the Planning Commission reviewed the additional
materials and voted 5-0 (2 absent, Bill Scott and Vice Chair Jon Caffery) to deny the
approval of the rooftop deck; and
WHEREAS, the Schultz Family Trust ("Appellant") has filed an appeal with the
City Clerk, pursuant to Chapter 2.05 of the Municipal Code, of the Planning
Commission's decision to deny a rooftop deck at the southeast corner of the proposed
residence to be located at 587 Camino Calidad, Case 3.2795 SFR Revision; and
WHEREAS, on July 7, 2010, a public meeting on the appeal was held by the City
Council in accordance with applicable law; and
Resolution No. 22746
Page 2
WHEREAS, 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 as a Class III exemption (single-family residence) pursuant to
Section 15303(a) of the CEQA Guidelines; and
WHEREAS, the City Council has carefully reviewed and considered all of the
evidence presented in connection with the appeal hearing on the project, including, but
not limited to, the staff report, and all written and oral testimony presented.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION 1. Pursuant to the California Environmental Quality Act (CEQA) Guidelines,
the proposed project is Categorically Exempt under Section 15303(a), Single-Family
Residence.
SECTION 2. The following guidelines for architectural review (Palm Springs Zoning
Code Section 94.04.00(D)(2)) cannot be met by the project, as follows:
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
The proposed rooftop deck is approximately 250 square feet in size; elevated
approximately ten feet above the residence's finished floor; and located at the
southeast corner of the proposed residence (adjacent to the side and front yard
setbacks). Based on the materials submitted by the applicant, the proposed rooftop
deck would infringe on the privacy of neighboring properties. Therefore, the proposed
rooftop deck will not have a harmonious relationship with adjoining developments.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City
Council hereby denies the appeal and upholds the Planning Commission's decision to
deny a rooftop deck at the southeast corner of the proposed residence located at 587
Camino Calidad.
BE IT FURTHER RESOLVED that the Council would entertain a redesign for review by
the Architectural Advisory Committee and final approval by City staff.
Resolution No. 22746
Page 3
ADOPTED THIS 7T" DAY OF JULY, 2010.
David H. Ready, Cit er
ATTEST:
es 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. 22746 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 the 7t" day of July, 2010, by
the following vote:
AYES: Councilmember Foat, Councilmember Mills, and Mayor Pro Tern
Hutcheson.
NOES: None.
ABSENT: Councilmember Weigel, and Mayor Pougnet.
ABSTAIN: None.
mes Thompson, City Clerk
City of Palm Springs, California 07/26leoio_