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Home My WebLink About2023-05-09 ARC Regular Meeting Agenda PacketARCHITECTURAL REVIEW COMMISSION CITY OF PALM DESERT, CALIFORNIA AGENDA (HYBRID MEETING) City Hall, Development Services Conference Room 73-510 Fred Waring Drive Palm Desert, CA 92260 Pursuant to Assembly Bill 2449, this meeting may be conducted as a hybrid meeting allowing public access via teleconference or in person. •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@palmdesert.gov. 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 Calendar 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 April 11, 2023. Tuesday May 9, 2023 12:30 p.m. Regular Meeting Page 1 of 80 CONSENT ITEMS HELD OVER: Items removed from the Consent Calendar for separate discussion will be considered at this time. 5. ACTION CALENDAR A. FINAL DRAWINGS 1. CASE NO: MISC22-0020 (Continued from April 11, 2023) NATURE OF PROJECT/APPROVAL SOUGHT: Consideration to approve a design review of a private sport court on a residential property at 45710 Verba Santa Drive. APPLICANT AND ADDRESS: Richard Leventhal, Palm Desert, CA 92260 LOCATION: 45710 Verba Santa Drive ZONE: R-1, 20,000 (Single Family Residential) RECOMMENDATION: 1. Use of the pickleball court at 45710 Verba Santa Drive shall be limited to daytime hours only. Nighttime use of the court shall be strictly prohibited between 10 p.m. and 7 a.m. 2. The court shall not be rented or used for commercial purposes and shall be used only by the property owner and guests or tenants of the property owners per Palm Desert Municipal Code Chapter 25.40.070. 3. Applicant shall install Acoustifence® or a similar noise reducing fence around the perimeter of the court at a height not to exceed six feet above grade. 4. Players shall only use the solid wood paddles provided by the Applicant that are specially designed for use at 45710 Verba Santa Drive in conjunction with standard pickleball balls. Use of any alternative paddles shall first require the submittal of a new noise impact assessment prior to use. 5. The applicant shall install a sign in the backyard at a location clearly visible to pickleball players which prohibits excessive noise or loud music during game play. 6. The applicant shall provide permanent irrigation for the proposed hedges surrounding the sport court. 7. The hedges shall be maintained at a minimum height of 8-feet in perpetuity, or until the sport court is removed. 8. Lighting is not included as a part of this approval. If lighting is proposed at a future date, the applicant shall submit a new permit application to the Planning Division subject to review by the ARC. The lighting shall comply with any outdoor lighting requirements in place at the time of application. The design shall consider impacts on adjacent residents and shall incorporate mitigation measures to screen any outdoor lighting sources. 2. CASE NO: SARC23-0005 NATURE OF PROJECT/APPROVAL SOUGHT: Consideration to approve a Sign Design Review for one (1) new exterior business identification wall sign including an exception to the Waring Plaza Sign Program for a new Planet Fitness at 72250 Highway 111. APPLICANT AND ADDRESS: Michael Moon, Fargo, ND 58104 Page 2 of 80 LOCATION: 72250 Highway 111 ZONE: Regional Commercial Center, Scenic Preservation (P.C.-3) RECOMMENDATION: 1. Staff recommends the ARC determines that the requirements of the findings have been met based on the analysis and approve the Sign Design Review as proposed. 3. CASE NO: MISC23-0020 NATURE OF PROJECT/APPROVAL SOUGHT: Consideration to approve a design review for a façade modification to an existing retail storefront for Lululemon located at 73425 El Paseo, Suite 104. APPLICANT AND ADDRESS: Lululemon USA, Inc., Vancouver, BC V6B2W2 LOCATION: 73425 El Paseo, Suite 104 ZONE: Downtown Core Overlay (D-O) RECOMMENDATION: 1. Staff recommends the Architectural Review Commission find the project satisfies all requirements for design review approval and approves the project as presented. 6. NON-ACTION ITEMS • Introduction to Objective Design Standards Consultant Team 7. INFORMATIONAL REPORTS & COMMENTS A. ARCHITECTURAL REVIEW COMMISSIONERS B. CITY STAFF C. ATTENDANCE REPORT 8. ADJOURNMENT: The next Regular Meeting will be held on May 23, 2023, at 12:30 p.m. Page 3 of 80 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.palmdesert.gov. 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. Page 4 of 80 ARCHITECTURAL REVIEW COMMISSION CITY OF PALM DESERT, CALIFORNIA MINUTES (HYBRID MEETING) Pursuant to Assembly Bill 2449, this meeting will be a hybrid meeting with in-person public access to the meeting location. 1. CALL TO ORDER A Regular Meeting of the Architectural Review Commission (ARC) was called to order by Chair Vuksic on Tuesday, April 11, 2023, at 12:31 p.m. in the Development Services Conference Room, City Hall, located at 73510 Fred Waring Drive, Palm Desert, California. 2. ROLL CALL Present: Commissioners Dean Wallace Colvard, Nicholas Latkovic, Michael McAuliffe, Vice Chair Jim McIntosh, Francisco Sanchez, and Chair John Vuksic. Absent: None City Staff Present: Rosie Lua, Deputy Director of Development Services; Nick Melloni, Principal Planner; Audrey Nickerson, Associate Planner II; Anna Dan, Assistant Planner; Erica Powell, Management Analyst; and Melinda Gonzalez, Recording Secretary, were present at Roll Call. 3. NON-AGENDA PUBLIC COMMENT Chair Vuksic opened and closed the non-agenda public comment period. No public comments were provided. 4. 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.palmdesert.gov/our-city/committees-and-commissions/commission-information. Chair Vuksic opened and closed the public comment period for the Consent Calendar. No public comments were provided. MOTION BY VICE CHAIR MCINTOSH, SECOND BY COMMISSIONER MCAULIFFE, CARRIED 6-0; to approve the consent calendar with the removal of item 4B for separate discussion. Tuesday April 11, 2023 12:30 p.m. Regular Meeting Page 5 of 80 A. APPROVAL OF MINUTES MOTION BY VICE CHAIR MCINTOSH, SECOND BY COMMISSIONER MCAULIFFE, CARRIED 6-0; to approve the Architectural Review Commission Regular Meeting minutes of March 28, 2023. B. CASE NO: SARC23-0003 NATURE OF PROJECT/APPROVAL SOUGHT: Consideration to approve a Design Review for a multi-tenant monument sign for a new commercial building located at 72310 Highway 111. APPLICANT AND ADDRESS: Western Sign & Awning, San Marcos, CA 92078 LOCATION: 72310 Highway 111 ZONE: Regional Commercial Center, Scenic Preservation (P.C.-3) This item was pulled from the Consent Calendar for separate discussion. Please refer to “Consent Items Held Over,” below for the action taken on this item. C. CASE NO: SARC23-0002 NATURE OF PROJECT/APPROVAL SOUGHT: Consideration to approve a Signage Design Review for the addition of one (1) new awning and replacement of two (2) new awnings and signage for an existing Ulta beauty store located at 72369 Highway 111, Suite 100. APPLICANT AND ADDRESS: Jeanine Wilson, Valley Glen, CA 91401 LOCATION: 72369 Highway 111, Suite 100 ZONE: Regional Commercial Center (P.C.-3) MOTION BY VICE CHAIR MCINTOSH, SECOND BY COMMISSIONER MCAULIFFE, CARRIED 6-0; to approve Case No. SARC23-0002 as presented. CONSENT ITEMS HELD OVER B. CASE NO: SARC23-0003 NATURE OF PROJECT/APPROVAL SOUGHT: Consideration to approve a Design Review for a multi-tenant monument sign for a new commercial building located at 72310 Highway 111. APPLICANT AND ADDRESS: Western Sign & Awning, San Marcos, CA 92078 LOCATION: 72310 Highway 111 ZONE: Regional Commercial Center, Scenic Preservation (P.C.-3) Assistant Planner, Anna Dan, narrated a PowerPoint presentation on the item and responded to Commission inquiries. Page 6 of 80 Chair Vuksic opened and closed the public comment period. No public comments were provided. Discussion on the item ensued with Commissioners providing comments for the project. Following discussion, MOTION BY COMMISSIONER MCAULIFFE, SECOND BY VICE CHAIR MCINTOSH, CARRIED 6-0; to approve Case No. SARC23-0003 with the following condition: 1. Metal panel attached to monument signage shall be increased in width from 18 inches to 24 inches to stand proud of main body of sign. 5. 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.palmdesert.gov/our-city/committees-and-commissions/commission-information. A. FINAL DRAWINGS 1. CASE NO: MISC22-0020 (Continued from March 28, 2023) NATURE OF PROJECT/APPROVAL SOUGHT: Consideration to approve a design review of a private sport court on a residential property at 45710 Verba Santa Drive. APPLICANT AND ADDRESS: Richard Leventhal, Palm Desert, CA 92260 LOCATION: 45710 Verba Santa Drive ZONE: R-1, 20,000 (Single Family Residential) Associate Planner, Audrey Nickerson, provided a summary of the case noting staff is requesting a continuance of the item for up to 30 days to allow the Applicant to revise the noise study based on comments by the City’s noise consultant. Chair Vuksic opened the public comment period with no public comments provided. The public comment period was continued to the next review of Case No. MISC22- 0020, not to exceed 30 days. Following discussion, MOTION BY VICE CHAIR MCINTOSH, SECOND BY COMMISSIONER LATKOVIC, CARRIED 6-0; to continue the design review of the subject sports court and allow the Applicant up to 30 days to return to ARC for design review with the revised Noise Impact Assessment. 2. CASE NO: MISC23-0011 NATURE OF PROJECT/APPROVAL SOUGHT: Consideration to approve a Design Review for a façade modification to an existing Chuck E. Cheese restaurant and family entertainment center located at 72513 Highway 111, Suite B. APPLICANT AND ADDRESS: Lillia Sanchell, Lewisville, TX 75067 LOCATION: 72513 Highway 111, Suite B ZONE: Regional Commercial Center (P.C.-3) Page 7 of 80 Assistant Planner, Anna Dan, narrated a PowerPoint presentation on the item and responded to Commission inquiries. Lillia Sanchell, Applicant, Cathy West, Applicant Representative, and their team, including Ben Rajabi, Architect, narrated a PowerPoint presentation providing additional details on the project and answered questions from the Commission. Chair Vuksic opened and closed the public comment period. No public comments were provided. Discussion on the item ensued with Commissioners providing comments for the project. Within the item’s discussion, the applicant’s team presented a one-page hard copy of an alternative design entitled “Option 2 4/11/23,” for the ARC’s consideration for approval. Following discussion, MOTION BY VICE CHAIR MCINTOSH, SECOND BY COMMISSIONER COLVARD, CARRIED 6-0; to approve Case No. MISC23-0011 alternative design “Option 2 4/11/23,” with primary paint color “Sand Beach,” Trim color, “Canoe,” and Eyebrow color, “Red Gumball.” 3. CASE NO: MISC 23-0020 NATURE OF PROJECT/APPROVAL SOUGHT: Consideration to approve a design review for a façade modification to an existing retail storefront for Lululemon located at 73425 El Paseo, Suite 104. APPLICANT AND ADDRESS: Lululemon USA, Inc., Vancouver, BC V6B2W2 LOCATION: 73425 El Paseo, Suite 104 ZONE: Downtown Core Overlay (D-O) Associate Planner, Audrey Nickerson, narrated a PowerPoint presentation on the item and responded to Commission inquiries. Angie Harmel, Applicant Representative, and Kenneth Yap, Architect, provided additional details on the project and answered questions from the Commission. Chair Vuksic opened and closed the public comment period. No public comments were provided. Discussion on the item ensued with Commissioners providing comments for the project. Following discussion, MOTION BY VICE CHAIR MCINTOSH, SECOND BY CHAIR VUKSIC, CARRIED 6-0; to continue Case No. MISC23-0020 to allow the applicant the opportunity to return to the ARC with a more appropriate design. 6. NON-ACTION ITEMS None 7. INFORMATIONAL REPORTS & COMMENTS A. ARCHITECTURAL REVIEW COMMISSIONERS Regular updates on major projects was requested, to which staff affirmed will be provided. Page 8 of 80 B. CITY STAFF Principal Planner Melloni reported the Discover Palm Desert project is currently under staff review and is anticipated to go before the Planning Commission in May. Additionally, a few projects have been identified as ready for ARC subcommittee review for substantial conformance of the construction drawings, including the Gerald Ford Apartments, Sanin Building, and DSRT Surf. Principal Planner Melloni informed a request for proposals was released for professional services to assist with establishing objective design standards. Staff has selected a firm and will go before City Council to request an award of contract at the City Council meeting scheduled for April 27, 2023. 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 2:17 p.m. Respectfully submitted, Melinda Gonzalez, Senior Administrative Assistant Recording Secretary ATTEST: Nick Melloni, Principal Planner Secretary APPROVED BY ARC: __/__/2023 Page 9 of 80 CITY OF PALM DESERT DEVELOPMENT SERVICES DEPARTMENT ARCHITECTURAL REVIEW COMMISSION MEMORANDUM To: Honorable Chair and Members of the Commission From: Nick Melloni, Principal Planner Audrey Nickerson, Associate Planner II Date: May 9, 2023 Case No. MISC22-0020 Subject: Consideration to approve a design review of a private sport court on a residential property at 45710 Verba Santa Drive. PROJECT SUMMARY The applicant, Rick Leventhal, is requesting design review approval for a private sport court located in the rear yard of a single-family residence located at 45710 Verba Santa Drive. The sport court will be used for pickleball and is 20 feet wide by 44 feet long. No lighting is proposed for the court area. The court area includes landscape screening adjoining the neighboring properties with 15-gallon Ficus trees. Sport courts are subject to review and approval by the Architectural Review Commission (ARC) pursuant to Palm Desert Municipal Code (PDMC) Section 25.40.070. BACKGROUND In early 2022, the sport court was constructed without the City of Palm Desert’s (“City”) approval and remains the subject of an open Code Compliance case. A decision by the ARC is required to resolve the code compliance case and make a final determination of the use. On October 11, 2022, planning staff presented the project to the ARC for design review. The ARC continued the item with a 6-0 vote providing the following comments: 1) Applicant must conduct sound analysis to record actual noise decibels to determine if the sports court is within the Palm Desert Municipal Code (PDMC) allowable noise requirements; and, 2) Staff to provide Commissioners further clarification of PDMC Noise Requirements, specifically on the “average” decibel of noise. The City did not receive correspondence from the Applicant for over four months. On February 22, 2023, the City sent a “Cease and Desist” letter to the Applicant to prohibit use of the unpermitted sports court until a final decision is made by the ARC. Page 10 of 80 On March 13, 2023, the Applicant submitted a Noise Impact Assessment to the City. On March 28, 2023, Planning staff requested continuance of the case because the Noise Impact Assessment was still under review by the City’s third-party consultant. The ARC voted to continue the item to the next regularly scheduled ARC meeting on April 11, 2023, with a 6-0 vote. On April 11, 2023, Planning staff requested a continuance of the case to allow the applicant additional time to revise the Noise Impact Assessment to address City comments. The ARC voted to continue the item and allow the Applicant up to 30 days to return to ARC for design review with the revised Noise Impact Assessment, with a 6-0 vote. ANALYSIS In response to the October 11, 2023 ARC meeting, the applicant hired ABC Acoustics, Inc. to prepare a Noise Impact Assessment to determine if the sport court is compliant with the City’s noise level limits, detailed in PDMC Section 9.24.030. The code has established 10-minute average noise limits for various zoning designations. The project site and surrounding development are zoned for residential uses. The applicable 10-minute average decibel limit at the property line is shown in Table 1. Table 1. Palm Desert Residential Noise Level Limits Zone Time Applicable 10-Minute Average Decibel Limit (A-weighted) Residential – All Zones 7 a.m. to 10 p.m. 10 p.m. to 7 a.m. 55 45 Source; PDMC Section 9.24.030 Noise Impact Assessment ABC Acoustics, Inc. conducted 10-minute noise surveys for ambient noise and during pickleball gameplay at the project site, adjacent to property lines and along Verba Santa, as shown on Figure 1. During gameplay, four adults played using standard plastic pickleball balls and pickleball paddles constructed of solid wood. (See following page) Page 11 of 80 Figure 1. Noise Survey Locations Table 2 summarizes the results of the noise survey, including the minimum, maximum, and average noise level for each survey point in A-weighted decibels. A sound level meter that measures A-weighted decibels has an electrical circuit that allows the meter to have the same sensitivity to sound at different frequencies as the average human ear. Table 2. Noise Survey Results Survey Location1 Survey Type Leq-10min (dBA) Leq-10min (dBA) Leq-10min (dBA) L1 Ambient 42.6 62.0 48.8 During Doubles Game 42.4 71.2 50.7 L2 Ambient 41.1 58.7 47.0 During Doubles Game 41.3 70.8 50.5 L3 Ambient 41.5 61.8 48.0 During Doubles Game 40.9 69.0 49.5 L42 Ambient 44.6 71.9 58.9 During Doubles Game 44.0 70.1 58.6 L52 Ambient 44.4 70.7 57.6 During Doubles Game 44.7 66.8 56.5 Source: ABC Acoustics, Inc. 2023. Notes: 1. Refer to figure 1 for survey locations. 2. Survey location adjacent to Verba Santa Drive. Noise dominated by occasional air and surface traffic. Noise from pickleball gameplay was not audible. The average ambient offsite noise levels (L4, L5) ranged between 57.6 and 58.9 dBA Leq10-min and average noise levels offsite during gameplay ranged between 56.5 and 58.6 dBA Leq10-min. ABC Acoustics, Inc. noted that noise from pickleball play was not audible at these locations and Page 12 of 80 higher noise levels were associated with traffic noise only. Due to proximity to a public road, the average ambient noise levels at survey locations 4 and 5 were higher than the City’s established residential noise level limits. Pursuant to the PDMC, if the measured ambient noise level exceeds the applicable limit, the allowable average sound level shall be the ambient noise level. As such, gameplay did not result in exceedance of noise level limits at offsite survey locations. As shown in Table 2, the average ambient onsite noise levels (L1, L2, L3) ranged between 47.0 and 48.8 dBA Leq10-min and average noise levels onsite during gameplay ranged between 49.5 and 50.7 Leq10-min. A noise contour map was created using onsite survey results and a SoundPlan computer modeling program, included as Figure 5 of the Noise Impact Assessment. Based on the resulting noise contours, gameplay noise impacts along the noise sensitive residential property lines to the north, east, and south would measure as high as 51 dBA Leq10-min, which exceeds the nighttime noise limit of 45 dBA Leq10-min. The survey did not result in average noise levels in excess of the daytime limit of 55 dBA Leq10-min. To minimize noise impacts related to pickleball play at the subject property, ABC Acoustics, Inc. recommends the following noise abatement measures: 1. Use of the pickleball court at 45710 Verba Santa Drive shall be limited to daytime hours only. Nighttime use of the court shall be strictly prohibited between 10 p.m. and 7 a.m. 2. Players shall use the solid wood paddles that are specially designed for use at 45710 Verba Santa Drive in conjunction with standard pickleball balls shown in Figures 2 and 3 below. Use of any other equipment shall be prohibited. Figure 2. Paddles Figure 3. Balls 3. It is imperative for pickleball players to be cognizant of neighbors and not make excessive noises or play loud music during gameplay. The applicant shall install a sign to that effect in the backyard at a location clearly visible to pickleball players. 4. The landscaping planted to provide sound attenuation (i.e. Ficus Trees and dwarf olive trees) shall be regularly attended to and properly maintained. Zoning Ordinance Summary The subject property is zoned R-1, 20,000, a zoning designation primarily intended for traditional residential neighborhoods. Private sport court facilities are permitted within residential areas Page 13 of 80 pursuant to the PDMC which requires ARC approval for all new tennis/sport courts subject to design requirements listed under PDMC 25.40.070: 1. A minimum 10-foot setback shall apply from side and rear property lines, and a minimum 20-foot setback shall apply to the front property line. Does Not Comply: The court is located entirely within the rear yard of the property in an area that is greater than 20 feet from the front property line. The play area of the existing sport court is setback a minimum of 11 feet from the side yard property line (north) and a minimum of 10 feet, 6 inches from the rear property line (east). Upon further review of the site plan and photos depicting existing conditions, staff determined that the sport court is larger than shown on the site plan because the concrete court extends approximately 4 feet beyond the play area to include an out-of-bounds area. As such, the setback from the edge of the sport court, rather than the play area only, is approximately 7 feet from the side property line (north) and approximately 5 feet, 6 inches from the rear property line (east), which is less than the required minimum side and rear sport court setback established in PDMC Section 26.40.070. In order to comply with the code, the court may be permitted a reduced rear setback of 5 feet, 6 inches, provided the perimeter of the court has fencing installed no more than 6 feet in height. Staff is recommending that the applicant be required to install an Acoustifence® or a similar noise reducing fence no more than 6 feet in height around the perimeter of the court to provide further sound attenuation for the surrounding neighbors. 2. No more than 1 tennis court and 1 sports court for each residential parcel of land unless a conditional use permit in accordance with PDMC Section 25.72.050 is approved by the Commission. Complies: The applicant has proposed one (1) pickleball court which complies with this requirement and does not require a Conditional Use Permit. 3. Private tennis courts/sports courts shall not be used for commercial purposes and shall be used only by the property owner and guests or tenants of the property owners. Complies: A statement of use was provided by the applicant with the application for the proposed project. The applicant stated that the pickleball court will only be used by the property owner, their guests, and potential tenants of the owners. No commercial use is proposed and therefore, the proposal complies with this requirement. 4. All tennis courts/sports courts fencing shall not exceed 10 feet in height as measured from the elevation at the adjacent property line and shall be screened from public view and adjacent property with a combination of walls, berms and landscaping. Complies: The perimeter of the site is enclosed by an existing 6-foot block wall. The applicant also installed a Ficus tree hedge along the northern and eastern property wall to visually enclose the space and provide screening. Based on the setback analysis described under Design Requirement No. 1 above, the Applicant is required to install a fence no more than 6 feet in height around the perimeter of the court to allow for a reduced side and rear setback. Staff recommends that the Applicant utilize Acoustifence® or a similar noise reducing fence material for the required fence around Page 14 of 80 the perimeter of the court to provide further sound attenuation for the surrounding neighbors. 5. A landscape and irrigation plan shall be provided for review and approval by the ARC. Complies: The applicant has provided a landscape plan for review by the ARC. The plan proposes to plant fifteen (15) new 15-gallon Ficus trees, spaced every 24 inches to 30 inches along the north and east property lines. Additionally, the proposal will add six (6) new Dwarf Olives to provide additional hedging between the court and the existing carport on site. To ensure the hedge is maintained in perpetuity, staff recommends conditioning the project to provide a permanent irrigation system which complies with design standards set by the Coachella Valley Water District (CVWD). 6. If the proposal for a private tennis court/sports court includes the provision of lighting for night play, the owner/applicant shall provide fully engineered lighting plan pursuant to the provisions of Chapter 24.16, Outdoor Lighting Requirements. Not applicable: The proposal does not include lighting for night play. The applicant provided a statement indicating they do not intend to use the court after 7:00 PM or at night and therefore, require no lighting. Staff recommends conditioning that if lighting is proposed at a future time, the applicant shall provide a photometric site plan and return to ARC for review. 7. If the tennis/sports court is depressed at least 4 feet below the existing grade or the fence is no more than 6 feet above the adjacent grade then the court may be located to within 5 feet of the side and rear property lines. Does Not Comply: The court is level with the average grade of the home and property. As described under Design Requirement No. 1 above, staff has determined that the total area of the court, including the out of bounds area not shown on the site plan, does not meet the minimum 10-foot side and rear setback. The sport court is only approximately 7 feet from the side property line (north) and approximately 5 feet, 6 inches from the rear property line (east). In order to comply with the code, the court may be permitted with the reduced rear setback of 5 feet-six inches, provided the perimeter of the court has fencing installed no greater than 6 feet in height. Staff is recommending that the applicant be required to install an Acoustifence® or a similar noise reducing fence no more than 6 feet in height around the perimeter of the court to provide further sound attenuation for the surrounding neighbors. 8. Design and orientation of sports courts may be subject to ARC review to ensure minimum impacts on adjacent properties. Complies: The court has been designed to minimize impacts on neighboring properties including impacts associated with screening, lighting, and regular play. The applicant has prepared a noise study asserting that the court will have no substantial noise impacts on surrounding properties. The study has been deemed acceptable by a professional third- party noise consultant. A new landscape hedge will be planted to screen the court and Page 15 of 80 provide a buffer and a barrier for errant pickleballs from impacting neighboring yards. The applicant is not proposing lighting to avoid potential glare impacts caused by lighting for night-time play. The court will be used during hours between 7:00 AM and 7:00 PM, which will limit potential impacts caused by noise. In addition, staff recommends that the Applicant utilize Acoustifence® or a similar noise reducing fence material for the required fence around the perimeter of the court to provide further sound attenuation for the surrounding neighbors. Staff Recommendation Staff recommends conditional approval of the proposed sport court based on staff’s analysis of the required design standards for this court pursuant to PDMC 25.40.070. Staff recommends the following conditions be incorporated: 1. Use of the pickleball court at 45710 Verba Santa Drive shall be limited to daytime hours only. Nighttime use of the court shall be strictly prohibited between 10 p.m. and 7 a.m. 2. The court shall not be rented or used for commercial purposes, and shall be used only by the property owner and guests or tenants of the property owners per Palm Desert Municipal Code Chapter 25.40.070. 3. Applicant shall install Acoustifence® or a similar noise reducing fence around the perimeter of the court at a height not to exceed six feet above grade. 4. Players shall only use the solid wood paddles provided by the Applicant that are specially designed for use at 45710 Verba Santa Drive in conjunction with standard pickleball balls. Use of any alternative paddles shall first require the submittal of a new noise impact assessment prior to use. 5. The applicant shall install a sign in the backyard at a location clearly visible to pickleball players which prohibits excessive noise or loud music during game play. 6. The applicant shall provide permanent irrigation for the proposed hedges surrounding the sport court. 7. The hedges shall be maintained at a minimum height of 8 feet in perpetuity, or until the sport court is removed. 8. Lighting is not included as a part of this approval. If lighting is proposed at a future date, the applicant shall submit a new permit application to the Planning Division subject to review by the ARC. The lighting shall comply with any outdoor lighting requirements in place at the time of application. The design shall consider impacts on adjacent residents and shall incorporate mitigation measures to screen any outdoor lighting sources. Any modifications required by the ARC should be added to the motion as a condition of approval. Attachments: 1. Plans Submitted by Applicant 2. Noise Impact Assessment dated April 26, 2023 3. Courtesy Public Notices dated September 30, 2022, March 22, 2023, and April 28, 2023 4. Applicant Narrative dated September 29, 2022 Page 16 of 80 9' 6' 7" 5' 6" 4' 7' 3' 3' 12' 22' 4' 17' 2"17' 2" 7' 1" 4' 8' SETBACK BETWEEN BBQ / 3'2'2' 7' 3' 2' 6" 4' 11' 11' SETBACK SETBACK SETBACKSETBACK 15 GALLON FICUS PLACED EVERY 24" TO 30" APART 15 GALLON FICUS PLACED EVERY 24" TO 30" APART OLEA "LITTLE OLLIE" DWARF OLIVE 3' TO 4' TALL GRASS CARPORT STRUCTURE DRIVEWAY EXISTING HOME PUTTING GREEN Page 17 of 80 Page 18 of 80 Page 19 of 80 Page 20 of 80 Page 21 of 80 Page 22 of 80 Page 23 of 80 Page 24 of 80 Page 25 of 80 CITY OF PALM DESERT CASE NO. MISC 22-0020 NOTICE IS HEREBY GIVEN that the Development Services Department has received a request for a private sport court in the rear yard of a single-family residence located at 45710 Verba Santa Drive. The Palm Desert Municipal Code (PDMC) allows private sport courts on residential properties subject to approval by the Palm Desert Architectural Review Commission (ARC) pursuant to PDMC 25.40.070. This notice is being sent to you as a courtesy of the hearing, 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, October 11, 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 October 10, 2022, at (760) 776-6479, between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. September 30, 2022 Rosie Lua Planning Manager Page 26 of 80 CITY OF PALM DESERT CASE NO. MISC 22-0020 NOTICE IS HEREBY GIVEN that the Development Services Department has received a request for a private sport court in the rear yard of a single-family residence located at 45710 Verba Santa Drive. The Palm Desert Municipal Code (PDMC) allows private sport courts on residential properties subject to approval by the Palm Desert Architectural Review Commission (ARC) pursuant to PDMC 25.40.070. This notice is being sent to you as a courtesy of the hearing, based on your property’s proximity to the proposed sport court. The proposed sport court is scheduled for consideration by the City’s Architectural Review Commission on Tuesday, March 28, 2023, at 12:30 p.m. via Zoom meeting or in-person in the Development Services Conference Room at Palm Desert City Hall, 73510 Fred Waring, Palm Desert, CA 92260. 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 Ms. Audrey Nickerson, Associate Planner II, by March 27, 2023, at (760) 776-6444, between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. March 22, 2023 Nick Melloni Principal Planner Page 27 of 80 CITY OF PALM DESERT CASE NO. MISC 22-0020 NOTICE IS HEREBY GIVEN that the Development Services Department has received a request for a private sport court in the rear yard of a single-family residence located at 45710 Verba Santa Drive. The Palm Desert Municipal Code (PDMC) allows private sport courts on residential properties subject to approval by the Palm Desert Architectural Review Commission (ARC) pursuant to PDMC 25.40.070. This notice is being sent to you as a courtesy of the hearing, based on your property’s proximity to the proposed sport court. The proposed sport court is scheduled for consideration by the City’s Architectural Review Commission on Tuesday, May 9, 2023, at 12:30 p.m. via Zoom meeting or in- person in the Development Services Conference Room at Palm Desert City Hall, 73510 Fred Waring, Palm Desert, CA 92260. 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 Ms. Audrey Nickerson, Associate Planner II, by May 8, 2023, at (760) 776-6444, between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. April 28, 2023 Nick Melloni Principal Planner Page 28 of 80 1 Anna Dan From:Nick Melloni Sent:Friday, September 30, 2022 8:45 AM To:Anna Dan Subject:FW: Pickleball Court Noise Mitigation Proposal Attachments:We sent you safe versions of your files; LEVENTHAL RESIDENCE DETAILS.pdf; IMG_3885 3.HEIC Anna, Please create a project entry for this application and plans on TRAKiT. Nick Melloni Senior Planner Ph: 760.346.0611 Direct: 760.776.6479 nmelloni@cityofpalmdesert.org From: Rick Leventhal <rick.leventhal@gmail.com> Sent: Thursday, September 29, 2022 5:50 PM To: Nick Melloni <nmelloni@cityofpalmdesert.org>; Rosie Lua <rlua@cityofpalmdesert.org>; Kevin Swartz <kswartz@cityofpalmdesert.org>; RICK LEVENTHAL <rickkellybiz@gmail.com> Subject: Pickleball Court Noise Mitigation Proposal Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files. To All Concerned, Attached you'll find a diagram of our backyard with our proposed hedge to help mitigate noise from our pickleball court. Page 29 of 80 2 Based on my discussion with an arborist at Mollers Garden Center in Palm Desert, our proposal is to plant 6‐7 foot ficus trees (15 gal) 2 to 2 1/2 feet apart along the long wall/long (east) side of the court at the rear of our property and along the short end of the court closest to the wall at the far (north) end of our property, in an "L" shape (as shown on the attached diagram). The nursery typically suggests the hedge trees be planted 3 feet apart but we will install them closer together, at 2 to 2 1/2 feet, to insure Page 30 of 80 3 a quicker more effective sound proofing solution. We'd then like to put a shorter hedge of 3‐4 foot tall (15 gal) Olea "Little Ollie" dwarf olive trees (as shown in the photo below) along the other long side of the court, 2 feet apart, from the edge of the ficus hedge to the edge of the putting green (the north half of the court), between the court and the natural grass lawn we already installed. These are beautiful and expensive trees but we think it will be a wise investment since they will Page 31 of 80 4 catch most of the sound without blocking the views. We believe putting a hedge along the rest of the west side and south end of the court isn't necessary because the sound on the west side will be redirected and mitigated by the new olive hedge, existing carport and our house, and any noise that makes it past the bar area will be mitigated by the much taller existing wall along the south property line past the pool, which stands close to 9 feet tall. Page 32 of 80 5 We also spent a considerable amount of time, energy and money on the putting green and turf along the south end of the court, which is integral to the concept, use and design of our property and we absolutely do not want to tear that up. Our goal is to satisfy the city's request while maintaining and even increasing the beauty of our incredible backyard, without sacrificing all of the planning and significant financial investment Page 33 of 80 6 we've spent making our home an absolute showpiece. The other attached photos show some of the new turf and putting green we installed, the existing hedge on our side of the wall to be replaced by ficus, and the significant existing hedge on our back neighbor's property that should double the sound proofing our new ficus will provide. I can provide more images on request. Page 34 of 80 7 Some other important notes: As I mentioned before, the representative from Ferrandell Tennis Courts, who installed our Pickleball Court, specifically told me when I asked that we did NOT need a permit to install it. He said we only needed a permit if we wanted lights. If he'd known the rules, which he should've, we wouldn't be in this position now. We are NOT asking for a permit for lights. Page 35 of 80 8 We will NOT allow play at night. We're willing to limit play hours to between 7a & 7p daily and will remind anyone who plays to respect our neighbors and keep conversation at an indoor level. We hope these rules and hedge installations will satisfy the city. We love Palm Desert and plan to use this home for the rest of our lives! We look forward to planting and playing without disturbing our neighbors. Page 36 of 80 9 Sincerely, Rick Leventhal Page 37 of 80 10 Page 38 of 80 11 Page 39 of 80 CITY OF PALM DESERT DEVELOPMENT SERVICES DEPARTMENT ARCHITECTURAL REVIEW COMMISSION MEMORANDUM To: Honorable Chair and Members of the Commission From: Anna Dan, Assistant Planner Date: May 9, 2023 Case No(s): SARC23-0005 Subject: Consideration to approve a Sign Design Review for one (1) new exterior business identification wall sign including an exception to the Waring Plaza Sign Program for a new Planet Fitness at 72250 Highway 111. BACKGROUND The Applicant, Michael Moon, is requesting approval of a new exterior business identification wall sign on an existing commercial building located at 72250 Highway 111. The wall sign will service a new tenant, Planet Fitness. The sign will consist of front-lit channel letters mounted directly to the building with a total sign area of 158.9 square-feet The proposal includes a request for an exception to the Waring Plaza Sign Program for the maximum allowed letter height, and the maximum allowed signage height per the Palm Desert Municipal Code (PDMC). PROJECT SUMMARY A. Property Description: The project site is a commercial building at the southeast corner of Highway 111 and Parkview Drive, within the Waring Plaza commercial center. The site is a 2.60-acre parcel containing one (1) 24,000 square-foot, single-story commercial building and a total building frontage of 160 lineal feet. The site is zoned Regional Commercial Center, Scenic Preservation (P.C.-3, S.P.). The building was entitled as part of the DSL Service Company Center, now Waring Plaza, in 1991 by the City Council pursuant to Resolution No. 91-5 for Case No. PP 90-13. The center is regulated by the Waring Plaza Sign Program, originally approved by the Architectural Review Commission (ARC) in 1991. B. Zoning, General Plan and Adjacent Uses: Table 1 – Adjacent Land Use and Designations Existing Uses General Plan Zoning Project Site Retail-commercial Regional Retail Regional Commercial Center, Scenic Preservation (P.C.-3) Page 40 of 80 North Retail-commercial Regional Retail Regional Commercial Center, Scenic Preservation (P.C.-3) South Retail-commercial Regional Retail Regional Commercial Center, Scenic Preservation (P.C.-3) East Residential Small Town Neighborhood Mixed Residential District (R-2) West Retail-commercial Regional Retail Regional Commercial Center, Scenic Preservation (P.C.-3) C. Project Description The project is a request to construct a new exterior wall sign on an existing commercial building to service the new tenant, Planet Fitness. The sign will be placed on the front building elevation facing Highway 111 to the west. The total proposed signage area is 158.9 square-feet. The sign will consist of two lines of text with overall dimensions at 8 feet, ¾ inches tall and 19 feet, 8 ½ inches wide. The individual letters are front lit channel letters constructed of aluminum with 5-inch-deep returns and white acrylic faces. Both the returns and faces are fabricated in the color Mulberry 422. The sign will be installed flush against the building fascia on the west elevation, 26 feet above grade measured to the top of the sign. The sign is centered on the canopy. No structural modifications are proposed for the façade. ZONING ORDINANCE SUMMARY Pursuant to Palm Desert Municipal Code (PDMC) Section 25.68.050, new signage on buildings with frontages greater than 100 linear feet require Architectural Review Commission (ARC) review and approval. The standards for exterior wall signs are listed under Section 25.56.070 (D) and Section 25.56.080 (A) of the Sign Ordinance. The sign is also regulated by the Waring Plaza Sign Program. The proposed sign does exceed the maximum letter height permitted by the sign program by 10.25 inches. However, the PDMC allows the ARC to determine the sign location and sign area. Compliance with the PDMC and Waring Plaza Sign Program is summarized below: Table 2 – Wall Sign Conformance Determination Standard Ordinance Sign Program Project Conformance Determination Sign Area ARC Determination N/A 158.9 square feet ARC Determination Sign Height Below eave line No greater than 20’-0” above grade N/A Below eave line 26’-0” above grade Requires ARC Determination Letter Height N/A 30 inches 46.25 inches ARC Determination Letter Color N/A Red, Blue, White, Black Mulberry Yes Page 41 of 80 Number per Frontage 1 1 1 Yes Illumination Internal or external Reverse (halo- lit) channel letters Internal front-lit channel letters Yes Per PDMC 25.56.030 (E), when approving or rejecting a sign permit application, the ARC shall consider the design review criteria provided below and shall make the following findings: 1. That the sign is necessary for the applicant’s enjoyment of substantial trade and property rights. The sign is necessary to provide adequate identification to customers and employees of the business in the building as it is located on a high-volume vehicular arterial (Highway 111) and setback approximately 378 feet from the right of way. The sign, at its proposed location and size, is appropriately scaled based on the tenant space’s square footage, the length of the façade, and its setback from the street. 2. That the sign is consistent with the intent and purpose of this chapter and title. The sign is consistent with the intent and purpose of the Sign Ordinance as the sign is designed in harmony with the building area and complies with all applicable development standards. The material and color of the sign is standard of the Planet Fitness franchise and is similar in character to other tenant signs within Waring Plaza. 3. That the sign does not constitute a detriment to public health, safety, and welfare. The design of the sign does not constitute a detriment to public health, safety, and welfare as the design of the sign does not incorporate elements that are distracting or intrusive to motorists or pedestrians. The placement of the sign is not anticipated to create sight obstruction to motorists or pedestrians as it is setback away from line of site areas and mounted onto the building, approximately 26 feet above grade. 4. That the size, shape, color, height, and placement of the sign is compatible with and will have a harmonious relationship to the building it identifies, the surrounding neighborhoods, and other signs in the area. The allowable sign area is determined by the ARC; however, the proposed sign does have a larger letter height than what is allowed by the Waring Plaza Sign Program. Despite this deviation, the sign does appear to be harmonious with the size of the building and its frontage. The location of the sign on the west elevation is typical of other tenants with frontages facing Highway 111 in the center. The mulberry-colored returns and letter faces are also characteristic of the Planet Fitness logo. 5. That both the location of the proposed sign and the design of its visual elements (lettering, words, figures, colors, decorative motifs, spacing, and proportions) are legible under normal viewing conditions prevailing where the sign is to be located. The sign is oriented in a manner to be visible to pedestrians and motorists traveling along Highway 111. The sign area is appropriately scaled to the dimensions of the Page 42 of 80 building fascia and centered above the entrance. The sign allows for some spacing below the quatrefoil to avoid congestion. 6. That the location, height, and design of the proposed sign does not obscure from view or unduly detract from existing or adjacent signs and does not in any way compromise the health or safety of any person(s). The location, height, and design of the proposed sign does not obscure view or unduly detract from existing signs in the vicinity and does not adversely affect the public health, safety or welfare. The location of the sign conforms to the Ordinance and is sized appropriately for consistency with other wall signs in Waring Plaza. 7. That the location and design of the proposed sign, and its size, shape, illumination, and color are compatible with the visual characteristics of the surrounding area so as not to detract from or cause depreciation of the value of adjacent developed properties. The proposed letter height and illumination does not comply with the Waring Plaza Sign Program, however, several tenant signs in the center also deviate from the sign program. The Applicant is proposing a front-lit channel letter sign, measuring 158.9 square feet, with a maximum letter of 46.25 inches. The PDMC allows the ARC to determinate the final sign area. 8. That the location and design of a proposed sign in close proximity to a residential district does not adversely affect the value or character of the adjacent residential uses. The sign is compatible with the structure of the building and meets the requirements established in PDMC Table 25.56-2 for commercial signage, as well as the Waring Plaza Sign Program. Therefore, the sign will not adversely impact the character of adjacent commercial and residential uses. Although the building abuts a residential neighborhood to the east, the proposed sign is located on the west elevation, away from the residences as to not cause any glare or spillage from the illumination. Additionally, the sign is located on the east side of Highway 111, a predominantly commercial and retail arterial. 9. That any neon tubing used in conjunction with any sign is incorporated as an integral part of the sign design with careful attention to color, intensity of light, and the use of colors that are not overly bright. Neon tubing is not proposed as part of the sign. The sign will be internally illuminated by backlit, rout out light emitting diodes (LED) in a manner that complies with the Sign Ordinance requirements for commercial business identification signs. 10. That the quantity of information displayed in the sign does not cause visual clutter. The signage text is limited to the name of the business. STAFF RECOMMENDATION Staff recommends the ARC determines that the requirements of the findings have been met based on the analysis and approve the Sign Design Review as proposed. Attachment: 1. Project Exhibits Page 43 of 80 18’ 25’ 160’ Storefront Length PROPOSED Page 44 of 80 PROPOSED Page 45 of 80 (41) (64) LED'S -P.S. #1 (23) (32)(33)(31) (20) (27) (68) LED'S -P.S. #4 (21)(20)(33)(31) (64) LED'S -P.S. #5 (64) LED'S -P.S. #6 (32)(32) (65) LED'S -P.S. #2 (51) LED'S -P.S. #3 212" TYP. 19'-812" W.T. ENCLOSURE BOX ASS'Y W.T. BOX #3 W.T. BOX #2 W.T. BOX #1 P.S. #2P.S. #3P.S. #4P.S. #5P.S. #6 P.S. #1 4" MIN.4" MIN.4" MIN. WALL SURFACE: EIFS w/ MIN. 1/2" PLYWOOD #14 X 4" HEX HEAD LAG SCREW USED TO SECURE LETTER TO WALL SURFACE MIN. (4) PL. PER LETTER *** INSTALLER MUST ENSURE FASTENERS FULLY PENETRATE PLYWOOD BACKER POWER SUPPLY & SWITCH IN W.T. ENCLOSURE BEHIND WALL LETTER TRIM FASTENED TO RETURN w/ #10 PAN HEAD SCREW (8)-(12) PL. PER LETTER 3/16" ACRYLIC FACE LED ILLUMINATION CHANNEL LETTER (w/ .063" ALUM. BACK & .040" ALUM. RETURN) DRAIN HOLE @ LOW POINTS OF EACH LETTER INSTALL DETAIL LENGTH BILL OF MATERIALS DESCRIPTIONREF#QTY 1 GOQ-3 LED (WHITE)376 2 60W-12V POWER SUPPLY 6 145 ELECTRICAL INSTALLATION DETAILS 5 .040" X 5" ALUM. RETURN 1 172'-0" 3 18 GA. L.V. WIRE w/ 2' GTO COVER 13 12'-0" 6 W.T. ENCLOSURE BOX 3 8 .080" ALUM. POWER SUPPLY SHEET 1 4 .063" ALUMINUM ROUTED BACK 13 7 6 2 3 8 7 LIQUID TIGHT J'BOX SET - 120V 1 9 TOGGLE SWITCH w/ BOOT 1 10 3/8" HOLOFLEX w/ BLACK/RED WIRE 1 25'-0" 10 9 , SHEET #: THIS STRUCTURAL DRAWING IS THE PROPERTY OF PRIDE SIGNS LIMITED AND MAY NOT BE USED IN WHOLE OR PART WITHOUT THE WRITTEN CONSENT FROM PRIDE SIGNS LIMITED.C 255 PINEBUSH ROAD, CAMBRIDGE, ON, CANADA N1T 1B9 - TEL: 519.622.4040 - WWW.PRIDESIGNS.COM CUT FILE:WEIGHT: AMP DRAW:DRAWN BY: CHECKED BY:SIGN PROGRAM: UL REQUIREMENTS: ENVIRONMENTAL LOCATION: DISCONNECT SWITCH:UL FILE # E500193 R 7.2 A @ 120V 31-Aug-20 180 LBS. SIGN SECTION 14 DAMP 01YES01 1 OF 1 PF__-097X0237.120K ILLUMINATED CHANNEL LETTERS 02 02 UPDATED TITLEBLOCK TO NEW UL VERSION S. POWER 17-Feb-23planet fitness VARIOUS S. POWER 31-Aug-20 S. POWER 17-Feb-232023 PROPOSED Page 46 of 80 SIGN LOCATION Page 47 of 80 HWY VIEW HWY VIEW - NIGHTTIME ꢀꢁꢁꢂꢃꢄ$"ꢅꢂꢂꢂꢆꢄ1BMNꢀ%FTFSUꢁꢀ$BMJGPSOJBꢆꢄ64" Page 48 of 80 CITY OF PALM DESERT DEVELOPMENT SERVICES DEPARTMENT ARCHITECTURAL REVIEW COMMISSION MEMORANDUM To: Honorable Chair and Members of the Commission From: Audrey Nickerson, Associate Planner II Date: May 9, 2023 Case No: MISC 23-0020 Subject: Consideration to approve a design review for a façade modification to an existing retail storefront for Lululemon located at 73425 El Paseo, Suite 104. PROJECT SUMMARY The proposal is a request by Lululemon USA Inc. (Applicant) for consideration of a design review to modify an existing ground-floor El Paseo storefront located at 73425 El Paseo, Suite 104. The scope of the proposed project will consist of replacement of existing exterior awnings, removal of an existing exterior mosaic treatment, buildout of an existing sign band, and installation of a new ivory limestone plaster finish. BACKGROUND On April 11, 2023, the Architectural Review Commission (ARC) reviewed the proposed exterior modification. The ARC moved to continue the item with a 6-0 vote, to allow the applicant the opportunity to return to the ARC with a more appropriate design. PROJECT DESCRIPTION A. Project Location The project site is an existing ground-floor El Paseo storefront located at the El Paseo Village, a 41,000 square-foot, one-story, multi-tenant building for retail and restaurant use located on the south side of El Paseo between Lupine Lane and San Pablo Avenue. The development was originally approved as an expansion of The Gardens on El Paseo by the City Council in June 2009 per Resolution No. 09-41 (Case. No. PP 07-10, CUP 07-18, DA 07-03, and DA 07-04 Amendment #1). This development is characterized by retail and commercial storefronts fronting El Paseo with unique or branded architectural treatments contained within architectural neutral piers throughout the development. The project is proposed within Suite 104, located at the primary El Paseo frontage adjacent a breezeway to the rear parking lot. Suite 104 was previously occupied by Banana Republic and has remained vacant for a few months. The existing Lululemon is relocating to Suite 104 from its current storefront located at the northwest corner of El Paseo and San Pablo. Page 49 of 80 B. Zoning, General Plan and Adjacent Uses: Table 1 – Adjacent Land Use and Land Use Designations Location Existing Use General Plan Zoning Project Site Vacant – Previously Banana Republic City Center/Downtown 12-40 Dwelling Units Per Acre Downtown Core Overlay (D-O) North Mixed Use – Retail/Restaurants City Center/Downtown 12-40 Dwelling Units Per Acre Downtown Core Overlay (D-O) South Residential - Condos City Center/Downtown 12-40 Dwelling Units Per Acre Downtown Edge Overlay (D.E.-O) East Mixed Use – Retail/Restaurants City Center/Downtown 12-40 Dwelling Units Per Acre Downtown Core Overlay (D-O) West Mixed Use – Retail/Restaurants City Center/Downtown 12-40 Dwelling Units Per Acre Downtown Core Overlay (D-O) C. Project Description The project Applicant is requesting design review approval for a façade remodel to an existing storefront located at 73425 El Paseo, Suite 104. The request is for Lululemon, a retail store specializing in athletic apparel, which will occupy the entire space. The storefront has El Paseo frontage located at the El Paseo Village shopping development. The project was previously brought before the ARC on April 11, 2023, and the item was continued to a date uncertain to allow the Applicant the opportunity to return to the ARC with a more appropriate design. On April 25, 2023, the Applicant submitted a revised plan set with the following modifications to address comments received at the April 11th ARC meeting: Primary Building Coating: The primary building covering has been changed from an ivory stucco material to a light limestone cement plaster material. The Applicant believes the proposed coating will provide more dimension and coordinate well with the existing stone base on the neutral pier and other façade media on surrounding buildings. Awnings: The original design proposed removal of existing awnings. The modified design includes installation of two new black canvas awnings above all façade glazing. The proposed awnings would be 5 feet, 7 inches in height, extending from the top of the existing sign band. The awnings would improve human scale, which was lacking in the original design. East Elevation Extension Joints: The modified design includes removal of expansion joints on the east elevation, resulting in a smooth flat wall. This modification creates a more cohesive design for the entire façade and delineates the eastern terminus of the façade with color and design. Existing Statue to Remain: The original design proposed removal of the “Journeys of the Imagination” statue located in the landscaped area in the eastern portion of the façade. Because the Applicant is not permitted to move the statue, the modified design identifies that the statue will remain. Should the landlord desire removal of the statue, they will need to initiate a separate process for this request with the Public Arts Department. No structural modifications are proposed to the existing building. No modifications are proposed to the existing storefront windows and main entry, nor the rear or side elevations. Interior modifications to the floor plan are shown for reference. Exterior signage is shown on the plan set but is not included in the scope of ARC review. Exterior signage will be subject to staff review for conformance with the El Paseo Village Signage Criteria. Page 50 of 80 D. Exterior Facade Materials The following materials are proposed for the façade modification: Primary Building Coating Texston Tuscany Natural Mineral Limestone Plaster Metal Coping/Parapet Flashing Benjamin Moore – Flat Tapestry Beige - BM #OC-32 Awning Material Sunbrella Canvas Fabric Black ANALYSIS AND ZONING ORDINACE SUMMARY The subject property is zoned Downtown Core Overlay District (D.O.) which allows retail stores as a permitted use. Revisions to storefront facades are subject to review and approval of a design review by the ARC pursuant to Palm Desert Municipal Code (PDMC) Section 25.68.020 (A)(2). Findings for ARC decisions of design review applications are listed under PDMC Section 25.68.040 as follows: A. That the proposed development conforms to any legally adopted development standards. The proposed façade modification is in conformance with the legally adopted development standards set forth by the PDMC for the DO zoning district. The DO zone establishes design guidelines for buildings to incorporate shopfronts with elements such as storefront windows, canopy awnings, and architectural projections (PDMC Section 25.20.031). The existing structure is in conformance with all applicable development standards with the exception of the width of the storefront windows and entryway setback. The proposed project will not create non-conforming conditions for this existing development. B. That the design and location of the proposed development and its relationship to neighboring existing or proposed developments and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood; and that it will not unreasonably interfere with the use and enjoyment of neighboring existing or proposed developments and that it will not create traffic hazards or congestion. The proposed façade modification is compatible with surrounding developments and will not create additional traffic which would impair investment in the neighborhood. The existing building provides for future tenants to propose unique or branded storefronts which utilize a mix of exterior building materials within an existing neutral pier system. The proposed use is a retail use that will replace a former retail use, therefore, a substantial increase in traffic generation is not anticipated. C. That the design and location of the proposed development is in keeping with the character of the surrounding neighborhood and is not detrimental to the harmonious, orderly, and attractive development contemplated by this title and the General Plan of the City. The proposed façade is generally compatible with the development pattern along El Paseo as it provides a retail storefront within a walkable pedestrian-oriented district. The land use designation is City Center/Downtown in the General Plan which promotes high intensity mixed-use development anchored by civic, cultural, entertainment, and retail activity. The Page 51 of 80 intended built form and character for this district consists of buildings at or near the sidewalk to support easy view of storefronts. D.That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures, and colors. The proposed façade modification utilizes a simple modern design with a single architectural coating, utilizing a textured limestone plaster finish to provide texture and interest. Installation of black canvas awnings will maintain the human scale of the building and enhance the front entry with consideration of the compatibility to the existing building. The proposed façade would preserve the existing storefront windows, entry doors, and bulkhead. The remainder of the façade would be modified to remove minor architectural elements, install new black canvas awnings, and covered with ivory limestone plaster. Other storefronts within the existing building utilize unique storefronts featuring a mix of design elements and building materials, unified by a continuous building envelope, consistent with the Downtown Districts Design Guidelines. The Highway 111 Development Code does not establish specific design parameters; therefore, staff can affirmatively make this finding. E.That the proposed use conforms to all the requirements of the zone in which it is located and all other applicable requirements. The proposed project conforms with legally adopted development standards set forth by the Downtown Core Overlay District. F.That the overall development of the land shall be designed to ensure the protection of public health, safety, and general welfare. The proposed modifications are limited to the exterior building façade. These modifications do not alter the land use, accessibility, or facilities on site. In addition, the overall building design does not present any adverse impacts to the protection of public health, safety, and general welfare. STAFF RECOMMENDATION Staff recommends the Architectural Review Commission find the project satisfies all requirements for design review approval and approves the project as presented. Any modifications required by the ARC should be added to the motion as a condition of approval. Attachments: 1. Project Plans dated April 6, 2023 2.Project Plans dated May 1, 2023 3.ARC Notice of Action dated April 20, 2023 Page 52 of 80 Page 53 of 80 Page 54 of 80 Page 55 of 80 Page 56 of 80 Page 57 of 80 Page 58 of 80 Page 59 of 80 Page 60 of 80 Page 61 of 80 Page 62 of 80 Page 63 of 80 Page 64 of 80 Page 65 of 80 Page 66 of 80 Page 67 of 80 Page 68 of 80 Page 69 of 80 Page 70 of 80 Page 71 of 80 Page 72 of 80 Page 73 of 80 Page 74 of 80 Page 75 of 80 Page 76 of 80 Page 77 of 80 Page 78 of 80 ARCHITECTURAL REVIEW COMMISSION NOTICE OF ACTION April 20, 2023 Lululemon USA, Inc. 855 Homer Street, 4th Floor Vancouver, BC V6B2W2 Subject: Consideration to approve a design review for a façade modification to an existing retail storefront for Lululemon located at 73425 El Paseo, Suite 104. The Architectural Review Commission of the City of Palm Desert considered your request and took the following action at its meeting of April 11, 2023: Following discussion, MOTION BY VICE CHAIR MCINTOSH, SECOND BY CHAIR VUKSIC, CARRIED 6-0; to continue Case No. MISC23-0020 to allow the applicant the opportunity to return to the ARC with a more appropriate design. Any appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within 15 days of the date of the decision. If you have any questions, please contact Associate Planner II, Audrey Nickerson, at (760) 776-6444 or anickerson@palmdesert.gov. Sincerely, NICK MELLONI, SECRETARY ARCHITECTURAL REVIEW COMMISSION cc: File Page 79 of 80 CITY OF PALM DESERTATTENDANCE REPORTAdvisory Body: Architectural Review CommissionPrepared By:YearMonthDate 10-Jan 24-Jan 14-Feb 28-Feb 14-Mar 28-Mar 11-Apr 25-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-DecColvard, Dean WallacePP-PP PP-PPPPPP A P -11Latkovic, NicholasPP-AP PP- P P PP- - - PPPPPP P P -11McAuliffe, MichaelPP-PP PP- A P PP- - - PAPPPP P P -22McIntosh, JamesPP-PPPP-P PPA---PPAPPAAP-44Sanchez, FranciscoPP-PP PP- PPPPP P P -00Vuksic, JohnPA-PP PP- P P PP- - - PPPPPP P A -22Vacancy00Palm Desert Municipal Code 2.34.010:2023M. Gonzalez2022 2022Twice 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 AbsencesJanFebMarAprMayJunJulAugSep2022Total AbsencesOctNovDec20222022202220232022202320222023Page 80 of 80