HomeMy WebLinkAbout2022-09-27 ARC Regular Meeting Agenda Packet
City of Palm Desert Page 1
ARCHITECTURAL REVIEW COMMISSION
CITY OF PALM DESERT, CALIFORNIA
AGENDA
(HYBRID MEETING)
Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference and there
will be no in-person public access to the meeting location.
• To participate via Zoom, use the following link: https://palmdesert.zoom.us/j/83648797515,
Zoom Webinar ID: 836 4879 7515.
• To participate by telephone call (213) 338-8477 or (669) 219-2599, Zoom Webinar ID: 836 4879
7515. To provide a public comment please press *9 to raise your hand.
• Written public comment may also be submitted to planning@cityofpalmdesert.org. Emails
received by 9:30 a.m. prior to the meeting will be distributed to the Commission. Any
correspondence received during or after the meeting will be distributed to the Commission as
soon as practicable and retained for the official record. Emails will not be read aloud except as
an ADA accommodation.
1. CALL TO ORDER
2. ROLL CALL
3. NON-AGENDA PUBLIC COMMENT: This time has been set aside for the public to address
the Architectural Review Commission on issues that are not on the agenda for up to three
minutes. Because the Brown Act does not allow the Commission to act on items not listed on
the agenda, members may briefly respond or refer the matter to staff for a report and
recommendation at a future meeting.
4. CONSENT CALENDAR: All matters listed on the Consent Calendar are considered routine
and may be approved by one motion. The public may comment on any items on the Consent
Agenda within the three-minute time limit. Individual items may be removed by Commissioners
for a separate discussion.
A. APPROVAL OF MINUTES
RECOMMENDATION: Approve the Architectural Review Commission Regular Meeting
minutes of September 13, 2022.
CONSENT ITEMS HELD OVER: Items removed from the Consent Calendar for separate
discussion will be considered at this time.
Tuesday
September 27, 2022
12:30 p.m.
Regular Meeting
Architectural Review Commission Agenda September 27, 2022
City of Palm Desert Page 2
5. ACTION CALENDAR
A. FINAL DRAWINGS
1. CASE NO: MISC 22-0014
NATURE OF PROJECT/APPROVAL SOUGHT: Consideration of a wall setback
exception to the City of Palm Desert Fence and Wall Ordinance for a five-foot, six-inch
(5’-6”) tall decorative block wall with breeze block accents at a setback of twelve feet
from the face of curb.
APPLICANT AND ADDRESS: Stacey Harding, Palm Desert, CA 92260
LOCATION: 45420 Abronia Trail
ZONE: Multifamily Residential (R-3)
RECOMMENDATION:
1. The ARC approves the proposed wall exception based on staff’s analysis of the
required findings for this exception.
2. Modifications required by the ARC be added to the motion as a condition of
approval.
B. MISCELLANEOUS
None
6. INFORMATIONAL REPORTS & COMMENTS
A. ARCHITECTURAL REVIEW COMMISSIONERS
B. CITY STAFF
C. ATTENDANCE REPORT
7. ADJOURNMENT: The next Regular Meeting will be held on October 11, 2022, at 12:30 p.m.
Architectural Review Commission Agenda September 27, 2022
City of Palm Desert Page 3
AFFIDAVIT OF POSTING
I hereby certify under penalty of perjury under the laws of the State of California that the
foregoing agenda for the Architectural Review Commission was posted on the City Hall bulletin
board and City website not less than 72 hours prior to the meeting.
Melinda Gonzalez
Recording Secretary
PUBLIC NOTICES
Agenda Related Materials: Pursuant to Government Code §54957.5(b)(2) the designated
office for inspection of records in connection with this meeting is the Development Services
Department, City Hall, 73-510 Fred Waring Drive, Palm Desert. Staff reports for all agenda
items and documents provided to a majority of the legislative bodies are available for public
inspection at City Hall and on the City’s website at www.cityofpalmdesert.org.
Americans with Disabilities Act: It is the intention of the City of Palm Desert to comply with
the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at
this meeting, or in meetings on a regular basis, you will need special assistance beyond what
is normally provided, the city will attempt to accommodate you in every reasonable manner.
Please contact the Office of the City Clerk, (760) 346-0611, at least 48 hours prior to the
meeting to inform us of your needs and to determine if accommodation is feasible.
City of Palm Desert Page 1
ARCHITECTURAL REVIEW COMMISSION
CITY OF PALM DESERT, CALIFORNIA
MINUTES
Pursuant to Assembly Bill 361, this meeting was conducted by teleconference and there
was no in-person public access to the meeting location.
1. CALL TO ORDER
A Regular Meeting of the Architectural Review Commission was called to order by Chair
Vuksic on Tuesday, September 13, 2022, at 12:31 p.m.
2. OATH OF OFFICE
City Clerk, Anthony Mejia, swore in newly appointed commissioner, Francisco Sanchez.
3. ROLL CALL
Present: Commissioners Dean Wallace Colvard, Nicholas Latkovic, Francisco Sanchez,
Vice Chair Jim McIntosh, and Chair John Vuksic.
Absent: Commissioner Michael McAuliffe.
City Staff
Present: Chris Escobedo, Assistant City Manager/Director of Development Services;
Richard Cannone, Deputy Director of Development Services; Rosie Lua, Planning
Manager; Nick Melloni, Senior Planner, Kevin Swartz, Associate Planner, and
Melinda Gonzalez, Recording Secretary, were present at Roll Call. Other staff
members presented reports or responded to questions as indicated in the minutes.
4. NON-AGENDA PUBLIC COMMENT:
Chair Vuksic opened and closed the non-agenda public comment period. No public
comments were provided.
5. CONSENT CALENDAR:
Associated staff reports, memos, attachments, and discussion on the following items can be
viewed by visiting the Architectural Review Commission Information Center website at,
https://www.cityofpalmdesert.org/our-city/committees-and-commissions/commission-
information.
MOTION BY COMMISSIONER LATKOVIC, SECOND BY CHAIR MCINTOSH, CARRIED 5-
0, to approve the consent calendar. (COMMISSIONER MCAULIFFE ABSENT)
Tuesday
September 13, 2022
12:30 p.m.
Regular Meeting
Architectural Review Commission Agenda September 13, 2022
City of Palm Desert Page 2
ALL ACTIONS ARE DRAFT, PENDING APPROVAL OF THE MINUTES
A. APPROVAL OF MINUTES
MOTION BY COMMISSIONER LATKOVIC, SECOND BY VICE CHAIR MCINTOSH,
CARRIED 5-0, to approve the Architectural Review Commission Regular Meeting minutes
of August 23, 2022. (COMMISSIONER MCAULIFFE ABSENT)
MOTION BY COMMISSIONER LATKOVIC, SECOND BY VICE CHAIR MCINTOSH,
CARRIED 5-0, to approve the Architectural Review Commission Special Meeting minutes
of August 30, 2022. (COMMISSIONER MCAULIFFE ABSENT)
CONSENT ITEMS HELD OVER: Items removed from the Consent Calendar for separate
discussion will be considered at this time.
None
6. ACTION CALENDAR
Associated staff reports, memos, attachments, and discussion on the following items can be
viewed by visiting the Architectural Review Commission Information Center website at,
https://www.cityofpalmdesert.org/our-city/committees-and-commissions/commission-
information.
A. FINAL DRAWINGS
1. CASE NO: MISC 22-0014
NATURE OF PROJECT/APPROVAL SOUGHT: Consideration of a wall setback
exception to the City of Palm Desert Fence and Wall Ordinance for a five-foot tall
decorative block wall with breeze block accents at a setback of twelve feet from the
face of curb.
APPLICANT AND ADDRESS: Stacey Harding, Palm Desert, CA 92260
LOCATION: 45420 Abronia Trail
ZONE: Multifamily Residential (R-3)
Associate Planner, Kevin Swartz, advised the Commission staff is requesting a
continuance on the item to the next ARC meeting on September 27, 2022, to allow
time for updated public noticing on the item. Associate Planner Swartz noted the
applicant and their designer would be available for the next ARC meeting.
Following discussion, MOTION BY VICE CHAIR MCINTOSH, SECOND BY
COMMISSIONER LATKOVIC, CARRIED 5-0 (COMMISSIONER MCAULIFFE
ABSENT), to:
1. Continue Case No. MISC22-0014 to the next regularly scheduled ARC meeting of
September 27, 2022.
Architectural Review Commission Agenda September 13, 2022
City of Palm Desert Page 3
ALL ACTIONS ARE DRAFT, PENDING APPROVAL OF THE MINUTES
2. CASE NO: PP 21-0009 – Amendment #1
NATURE OF PROJECT/APPROVAL SOUGHT: Consideration of an amendment to
PP21-0009 revising the exterior architecture for the 330-unit multi-family residential
community on a 15-acre parcel located at the northeast corner of Gerald Ford Drive and
extension of Technology Drive.
APPLICANT AND ADDRESS: Apogee Professional Services, Omaha, NE, 68144
LOCATION: NE Corner of Gerald Ford Drive and Technology Drive
ZONE: Millennium Specific Plan Area 7, Planned Residential (PR)-22
Senior Planner, Nick Melloni, narrated a PowerPoint presentation on the item and
responded to Commission inquiries. Kassie Inness, Applicant Representative, and
Applicant’s team including, Michael Militello and Keith McCloskey, KTGY Architects,
presented additional details on the project and answered questions from the
Commission.
Discussion on the item ensued with Commissioners providing comments and
concerns for the project. Chair Vuksic opened and closed the public comment period.
No public comments were provided.
Following discussion, MOTION BY CHAIR VUKSIC, SECOND BY COMMISSIONER
SANCHEZ, CARRIED 5-0 (COMMISSIONER MCAULIFFE ABSENT), to:
1. Approve Case No. PP21-0009 Amendment #1 with conditions.
2. Windows and panels between upper and lower story windows on stair towers and
residential units shall be recessed a minimum of 3”.
3. Eyebrows shall be placed over upper and lower story windows on white stucco
building elements.
4. Exterior downspouts that face Technology Drive shall be painted to match the
plaster they are mounted to.
Individual Commissioner’s offered additional commentary as follows. The point below
does not necessarily reflect consensus:
• Consider dark vinyl windows instead of white.
3. CASE NOS: PP 18-0009 – Amendment #2 (SP/PP21-0002)
NATURE OF PROJECT/APPROVAL SOUGHT: Consideration of an Amendment No.
2 to the DSRT SURF project (PP18-0009 and SP/PP21-0002), adding 45 hotel rooms
including revisions to the interior layout and exterior architecture of the hotel and surf
center facility located at the 17.69-acre site within Desert Willow Golf Resort.
APPLICANT AND ADDRESS: Desert Wave Ventures, PO Box 147, Solano Beach,
CA 92075
LOCATION: Vacant 17.69-acre site within Desert Willow
ZONE: Planned Residential (PR)-5
Architectural Review Commission Agenda September 13, 2022
City of Palm Desert Page 4
ALL ACTIONS ARE DRAFT, PENDING APPROVAL OF THE MINUTES
Chair Vuksic announced his recusal due to a financial conflict of interest noting he
was retained as a consultant to provide design input for this item and left the
conference room.
Planning Manager, Rosie Lua, advised the commission staff is recommending a
continuance to a date uncertain due to a lack of quorum for this item.
Following discussion, MOTION BY COMMISSIONER LATKOVIC, SECOND BY
COMMISSIONER COLVARD, CARRIED 4-0 (CHAIR VUKSIC RECUSED AND
COMMISSIONER MCAULIFFE ABSENT), to:
1. Continue Case Nos. PP 18-0009 – Amendment #2 (SP/PP21-0002) to a date
uncertain.
B. MISCELLANEOUS
1. CASE NO: CUP 22-0001
NATURE OF PROJECT/APPROVAL SOUGHT: Consideration of a recommendation
to the Planning Commission for approval of a Conditional Use Permit to construct an
unmanned, 65’-0” tall wireless telecommunication facility stealth monopalm within a 562-
square-foot lease area, a block wall enclosure containing ground-mounted equipment,
and new landscaping located at 39750 Garand Lane (APN 626-410-046).
APPLICANT AND ADDRESS: Smartlink Group for AT&T, Newport Beach, CA 92660
LOCATION: 39750 Garand Lane
ZONE: SI - Service Industrial, FCOZ - Freeway Commercial Overlay Zone
Senior Planner, Nick Melloni, narrated a PowerPoint presentation on the item and
responded to Commission inquiries. Chris Doheny, Applicant Representative,
presented additional details on the project and answered questions from the
Commission.
Discussion on the item ensued with Commissioners providing comments and
concerns for the project. Chair Vuksic opened and closed the public comment period.
No public comments were provided.
Following discussion, MOTION BY COMMISSIONER LATKOVIC, SECOND BY VICE
CHAIR MCINTOSH, CARRIED 5-0 (COMMISSIONER MCAULIFFE ABSENT), to:
1. Approve Case No. CUP 22-0001 with conditions.
2. Applicant shall increase wall enclosure to a height of 8 feet.
3. Applicant will remove existing Mexican Palms or Chilean Mesquites and replace
them with two mature Date Palms approximately 40-feet in height. Applicant will
assess northern portion of parcel next to trash enclosure for additional landscaping
including one mature Date Palm as an alternative location for one of the Date
Palms.
4. Applicant will adhere to long-term maintenance plan agreement for Mono-Palm.
Architectural Review Commission Agenda September 13, 2022
City of Palm Desert Page 5
ALL ACTIONS ARE DRAFT, PENDING APPROVAL OF THE MINUTES
7. INFORMATIONAL REPORTS & COMMENTS
A. ARCHITECTURAL REVIEW COMMISSIONERS
Chair Vuksic welcomed newly appointed Commissioner Sanchez who provided a brief
introduction of himself and his background.
In response to inquiry, Commissioner Colvard confirmed the Cultural Arts Committee will
have their next meeting on September 14, 2022, which he plans to attend.
B. CITY STAFF
Planning Manager, Rosie Lua, reported staff is working on a study session for ARC
commissioners which will include draft ARC design and landscape guidelines and how to
form motions.
Planning Manager Lua stated it is anticipated commissioners will be invited to join the
next regularly scheduled ARC meeting for September 27, 2022, in-person and
encouraged commissioners to bring in their electronic devices to view agenda packets.
Planning Manager Lua acknowledged staff has implemented a new process effective this
meeting which allows commissioners to provide questions regarding the agenda items
prior to the meeting. Answers to commissioner questions will be provided in a memo
format to commissioners on the day of the meeting and published on the city’s website for
public review.
C. ATTENDANCE REPORT
The attendance report was provided with the agenda materials. The Commission took no
action on this matter.
8. ADJOURNMENT
The Architectural Review Commission adjourned at 2:37 p.m.
Respectfully submitted,
Melinda Gonzalez, Senior Administrative Assistant
Recording Secretary
ATTEST:
Rosie Lua, Planning Manager
Secretary
APPROVED BY ARC: __/__/2022
CITY OF PALM DESERT
DEVELOPMENT SERVICES DEPARTMENT
ARCHITECTURAL REVIEW COMMISSION MEMORANDUM
To: Honorable Chair and Members of the Commission
From: Nick Melloni, Senior Planner
Date: September 27, 2022
Subject: MISC22-0014 – 45420 Abronia Trail – Harding Residence Wall Exception
Project Summary
The project is a request for an exception to the wall height and setback requirements of the Palm
Desert Fence and Wall Ordinance, Palm Desert Municipal Code (PDMC) Section 25.40.080. The
Applicant is proposing to construct a five-foot, six-inch (5’-6”) tall decorative block wall with a
twelve-foot (12’-0”) setback from the face of curb at 45420 Abronia Trail. This proposal does not
comply with the PDMC which requires a minimum setback of twenty-feet (20’-0”) from face of curb
for walls taller than 5’-0”. The Architectural Review Commission (ARC) may grant exceptions for
wall setbacks based on existing lot conditions and the wall design.
The project site, 45420 Abronia Trail, is an existing single-family residence, originally constructed
in 1955. The architecture of the home is mid-century modern characterized by a low pitch roof,
large front windows, and stucco siding and is currently undergoing renovations. The lot is 0.09-
acres (3,920 square-feet) and irregularly shaped with the two side property lines converging at
the rear, forming a triangle. There is an existing low wall, approximately 4’-0,” constructed from
precision cut concrete masonry units and decorative screen block, located along the street
frontage of the property approximately 11’-0” back from the curb. The public right-of-way extends
11’-0" from the face of curb.
The applicant is proposing to demolish the existing front yard wall and construct a new five-foot,
six-inch (5’-6”) tall block wall with a 12’-0” setback from the curb along the frontage of the property.
This wall will enclose the front yard near the entrance of the home to create a landscape courtyard.
This courtyard will enclose a proposed swimming pool, pool equipment, fire pit, and landscaping.
The wall design is constructed with precision CMU block and decorative block with breeze block
accents that will be painted white to match the newly painted house. The existing five-foot, six-
inch (5’-6”) wood fences on the side yards of the property are shared with the adjacent property
owners and will remain in place and be painted white to match the home. The twelve-foot parkway
area between the face of curb and wall will be landscaped with Mediterranean fan palm trees and
new gravel.
The applicant’s request for a wall exception is to accommodate the proposed swimming pool in
the front yard, which is setback 15-feet, 6-inches from the face of curb. Due to the irregular lot
shape and existing home location with a non-conforming rear setback, a swimming pool cannot
be constructed in the rear yard. Per the California Health and Safety Code Section 115923, a
MISC 22-0014 – Harding Residence
Page 2 of 3
September 27, 2022
minimum height 60” fence/wall enclosure is required around swimming pools; this requirement is
the reasoning for the request for the wall.
Zoning Ordinance Summary
The Palm Desert Municipal Code (PDMC) requires Architectural Review Commission (ARC)
approval for all wall exceptions for heights and materials subject to findings listed under PDMC
25.40.080.
The subject property is zoned R-3, which establishes a minimum lot size of 3,000 square feet.
The area of the property is approximately 3,920.4 square-feet, or 0.09-acres which is 31% above
the minimum requirement. The existing lot shape is non-conforming as the shape does not comply
with the general requirements of Subdivision Ordinance Section 26.40.140 – Lot Standards. This
section generally requires that the side lines of all newly created lots, to the greatest extent, should
be at right angles (90 degrees) to the street faces or approximately to the radial of a curvature.
The existing lot lines intersect to create a triangle, thereby reducing the buildable area of the
parcel. The code requires five-foot, six-inch (5’-6”) walls be setback a minimum of 20 feet from
the face of curb. For reference, a 5-0” wall would require a setback of 15’-0” from the face of curb
and would not require approval by the ARC.
Exceptions to the standards of the Ordinance may be granted subject to ARC approval based on
the following findings:
1. That unusual circumstances exist which make the literal interpretation and enforcement of
the standards impractical or contrary to the purpose of the ordinance codified in this section.
The property is an irregularly shaped lot and the existing residential structure has a non-
conforming rear yard setback leaving the front yard as the only suitable location to develop
a swimming pool. The existing home is setback approximately 20’-0” from the front property
line, which provides an area for the development of the pool. To comply with Health and
Safety Code requirements, a 60” wall must be developed to enclose the pool area. Applying
the minimum wall setback of 20’-0” from the face of curb, would substantially reduce the
usable area of the front yard for development of a swimming pool.
2. The exception shall not result in damage to adjacent properties.
Staff has reviewed the exception request including the supporting documents and has
concluded that it does not result in any apparent or immediate damage to adjacent
properties. The proposal is a free-standing block wall which will be constructed to comply
with minimum building code requirements. The wall is non-retaining and will not alter
drainage patterns and will not affect neighboring properties. Aesthetically, the proposed wall
utilizes quality materials and is designed to complement the architecture of the main home
and will improve the streetscape visuals of the property.
3. Property owners adjacent to the proposed exception shall be informed of the application at
least ten days prior to the ARC meeting.
A public notification was mailed to property owners abutting the proposed project at least
ten (10) days prior to the meeting date as required by Palm Desert Municipal Code Section
25.40.080 (E)(1)(iii) for the ARC meeting held September 27, 2022. Staff has not received
any comments to date.
MISC 22-0014 – Harding Residence
Page 3 of 3
September 27, 2022
Staff Recommendation
Staff recommends approval of the proposed wall exception based on staff’s analysis of the
required findings for this exception. Staff further recommends that any modifications required by
the ARC be added to the motion as a condition of approval.
Attachments: 1. Plans Submitted by Applicant
2. Public Notice dated September 15, 2022
CITY OF PALM DESERT
CASE NO. MISC 22-0014
NOTICE IS HEREBY GIVEN that the Development Services Department has received a request
for an exception to the City’s Fence and Wall standards to allow a five-foot tall decorative block
wall with breeze block accents at a setback of twelve feet from the face of curb in the front yard
(property line) of a single-family residential property located at 45420 Abronia Trail. The code
requires 5-foot walls be setback a minimum of 15 feet from the face of curb; however, exceptions
to this standard may be approved by the City’s Architectural Review Commission.
This notice is being sent to you based on your property’s proximity to the proposed wall exception.
The proposed wall exception is scheduled for consideration by the City’s Architectural Review
Commission on Tuesday, September 27, 2022, at 12:30 p.m. via Zoom meeting. The agenda for
this meeting is available on the City of Palm Desert website at:
https://www.cityofpalmdesert.org/our-city/committees-and-commissions/commission-information
Should you have any questions, comments or would like to participate in the meeting, please
contact Mr. Nick Melloni, Senior Planner, by September 27, 2022, at (760) 776-6479, between the
hours of 8:00 a.m. and 5:00 p.m. Monday through Friday.
September 15, 20122 Rosie Lua
Planning Manager
CITY OF PALM DESERTATTENDANCE REPORTAdvisory Body: Prepared By:YearMonthDate 11‐Jan 25‐Jan 8‐Feb 22‐Feb 8‐Mar 22‐Mar 12‐Apr 26‐Apr 10‐May 24‐May 14‐Jun 28‐Jun 12‐Jul 26‐Jul 9‐Aug 23‐Aug 13‐Sep 27‐Sep 11‐Oct 25‐Oct 8‐Nov 22‐Nov 13‐Dec 27‐DecLambell, Karel P P P P‐APPPPPP21Latkovic, Nicholas P P P P‐PPPPPPP‐‐‐PP40McAuliffe, Michael P P P P‐PPPAPPP‐‐‐PA62McIntosh, James P P P P‐PPAPPPA‐‐‐PP62Van Vliet, Chris P P P P‐PAPP PPP21Vuksic, John P P P P‐PPPPPPP‐‐‐PP40Colvard, Dean WallacePP00Sanchez, FranciscoP00Palm Desert Municipal Code 2.34.010:PPresentAAbsentEExcused‐No meetingTwice Monthly: Six unexcused absences from regular meetings in any twelve‐month period shall constitute an automatic resignation of members holding office on boards that meet twice monthly.Total Unexcused AbsencesJan Feb Mar Apr May Jun Jul Aug Sep2022 2022 2022 2022 2022Total AbsencesOct Nov DecArchitectural Review CommissionM. Gonzalez2022 20222022 2022 2022 2022 2022