HomeMy WebLinkAbout2003-11-25 VOW
CITY OF PALM DESERT
ARCHITECTURAL REVIEW COMMISSION
• MINUTES
NOVEMBER 25, 2003
****************************************************************************************************
I. CALL TO ORDER
The meeting was called to order at 12:30 p.m.
II. ROLL CALL
Commissioners Current Meeting Year to Date
Present Absent Present Absent
Ronald Gregory, Chairman X 19 3
Kristi Hanson X 19 3
Chris Van Vliet X 21 1
John Vuksic X 20 2
Ray Lopez X 20 2
Karen Oppenheim X 12 1
Also Present:
Phil Drell, Director, Community Development
Steve Smith, Planning Manager
Francisco Urbina, Associate Planner
Tony Bagato, Planning Technician
Donna Quaiver, Senior Office Assistant
Spencer Knight, Landscape Manager
Diane Hollinger, Landscape Specialist
III. APPROVAL OF MINUTES: NOVEMBER 10, 2003
Commissioner Van Vliet moved, seconded by Commissioner Oppenheim to
approve the minutes of November 10, 2003. The motion carried 6-0.
IV. ORAL COMMUNICATIONS
A. None.
1
ARCHITECTURAL REVIEW COMMISSION
NOVEMBER 25, 2003
MINUTES
A. Final Drawings
1. CASE NO.: MISC 03-50
APPLICANT (AND ADDRESS): VICTOR LEON, 72-758 Sierra Vista,
Palm Desert, CA 92260
NATURE OF PROJECT/APPROVAL SOUGHT: Request approval of a
combination garden/retaining wall with 8' overall height on a street side
yard, 6' back from street curb face.
LOCATION: 72-758 Sierra Vista
ZONE: R-1
Mr. Urbina stated that the applicant is proposing a combination 2' high
retaining wall plus a 6' high garden, slump block wall on top of it for an
overall wall height of 8' on a corner lot. The purpose of the block wall is
to replace an aging, existing wood fence. Staff is recommending an
alternative design from what was proposed by the applicant. He
sketched out a cross-section drawing, which was attached to the staff
report. The wall would have a 2' high retaining wall being located 6'
away from curb face with a setback of 4' before the remainder of 6' high
slump block wall is constructed so as to create a planter between the
retaining wall and the 6' high block wall to improve aesthetics.
Commissioner Gregory asked if only 4' of block wall would be showing
from the street. Mr. Urbina stated that the wall would still be 8' high but
it would be offset 4'. With the modified suggestion, staff recommends
that the Architectural Review Commission deny the applicant's design,
but approve staff's recommended alternative design and that the
applicant be conditioned to landscape the planter between the retaining
wall and the 6' high garden wall.
Commissioner Gregory asked Mr. Urbina if he was comfortable with
line-of-sight on the corner for traffic. Mr. Urbina commented that the
proposed wall does not encroach within the 40' visibility at the triangle.
Victor Leon, applicant, was present and thanked the commission for
their time. One of the issues that he's dealing with is that he's directly
across the street from a commercial parking lot. Photos were
distributed for the commission to review to give them an idea of what
he's faced with in terms of light pollution and noise pollution. Directly
G:Planning\Donna Quaiver\wpdocs\Agmin\AR031125.MIN 2
ARCHITECTURAL REVIEW COMMISSION
NOVEMBER 25, 2003
MINUTES
across the street from the applicant's home is a garbage dumpster.
Last week there was a car auction in the parking lot with over 100 cars
and they had guys with microphones auctioning off the cars. They also
had two double-height trucks with cars on top. Also, at night there is a
lot of light pollution from the parking lot. There are no trees across the
street along the wall in front of the applicant's house, but there are trees
down the street that block the light and noise. There are new Macy's
parking lot lights which glare into the backyard all night long. At the end
of the street is the new Macy's addition with a large Macy's sign that's lit
up at night.
Commissioner Gregory asked Mr. Leon if he understands what staff
had suggested. Mr. Leon commented that he had not seen the
suggested revision. Commissioner Gregory stated that staff is
suggesting bringing the wall back a little bit more from the 2' retaining
wall to provide a tiered planter effect so that it's not so hard looking on
the corner. Mr. Leon stated that he has existing landscaping, which he
would like to keep instead of building the retaining wall. When he had
originally talked to staff, they suggested the idea of the planter it had a
3' setback and now they're talking about a 4' setback. He was hoping
that he might still be able to build the wall but keep the existing
landscaping that he has rather than going to the additional expense of
building a planter. The other issue is that the wall directly across the
street is 8' in height. There's no planter or landscaping. The wall is the
perimeter wall for the shopping center.
Mr. Urbina stated that staff wanted the offset because in the future,
Public Works may want to install a 6' wide sidewalk and we wouldn't
want an 8' high wall at the rear of a sidewalk. Mr. Leon stated that this
is why he wanted to keep as much of his landscaping as possible. He
also suggested planting additional landscaping to hide the wall.
Currently, there are red birds and Mexican bird of paradise planted in
this area.
Commissioner Vuksic stated that he was looking at the photographs to
see if there were any large, old trees in this area but he didn't see
anything like that. The picture of the wall across from the applicant's
house doesn't help his argument because he's proposing to do
something like that. Mr. Leon stated that he wants to hide it.
Commissioner Vuksic commented that an 8' wall that close to the street
is going to be obtrusive like the one across the street, which doesn't
look very good.
G:Planning\Donna Quaiver\wpdocsWgmin\AR031125.MIN 3
ARCHITECTURAL REVIEW COMMISSION
NOVEMBER 25, 2003
MINUTES
Commissioner Hanson stated that one thing that the ARC always
considers is the fact that landscaping is never a good alternative. If the
applicant sells his house and the next owner decides that they don't like
all that landscaping and rips it out, then we're left with an 8' wall. 8'
walls in general next to a residential property are too tall. They're not in
scale with the house and should be maintained more at a 6' height,
which is a very standard height made for residential properties. Mr.
Leon stated that his property is 2' above the level of the street.
Commissioner Gregory commented that the current landscaping is
almost all red birds of paradise, which grow very quickly. He asked the
commission if there was a general consensus that an 8' wall as
proposed by the applicant is okay or would the consensus be that it
would be better to have a tiered wall. The commission agreed that a
tiered wall is preferable. Staff has proposed a 4' setback and the
applicant is requesting 3'. Does the commission have an opinion on
that? Commissioner Vuksic commented that he would like to ask the
landscape architects because it's going to make a substantial difference
in the planter because almost a foot is going to be part of the lower
retaining wall. Therefore, 4' of offset leaves a 3' planter. The applicant
is asking to reduce that to a 2' net planter. He asked the landscape
architects if that would make a difference in the ability to plant robust
plants in this area. Commissioner Lopez commented that 3'will be tight
for large plants. If you plant red birds in the planter, they're going to
grow way beyond 4' wide. He asked the applicant where the lower
retention wall will end on the northeast end. Mr. Leon stated that it'll tie
into the existing slump block wall and he would like to add a gate for the
gardener and pool service staff. He asked the commission for
recommendations on plant material. Commissioner Gregory
commented that this is typically something that the commission tries not
to do because if they suggest a particular plant and for some reason it
dies, then all of a sudden it's the commission's fault. He suggested
speaking with the City's Landscape Manager. He felt that the 4'
setback would work better to allow for landscaping that would screen
the 6' wall. He asked what the standard setbacks would be for this
home. Mr. Urbina stated that typically on a corner lot, a wall higher
than 3'11" would have to be set back 12' from curb face, but this is a
unique circumstance because the property line starts at 6' back from
curb face because in the past the Public Works Department vacated
some of the previous street right-of-way. Commissioner Gregory stated
that in view of the applicant's extraordinarily poor view situation, the
ARC would be willing to work with him.
G:Planning\Donna Quaiver\wpdocs\Agmin\AR031125.MIN 4
ARCHITECTURAL REVIEW COMMISSION
NOVEMBER 25, 2003
MINUTES
Action: Commissioner Hanson moved, seconded by Commissioner
Vuksic for approval of staff's recommendation showing a 6' high block
wall with a separate 2' high retaining wall with additional landscaping in
front of the wall with a 4' setback. Motion carried 6-0.
2. CASE NO.: MISC 03-51
APPLICANT (AND ADDRESS): GEORGE BUONO, 44-275 Kings
Canyon Lane, Palm Desert, CA 92260
NATURE OF PROJECT/APPROVAL SOUGHT: Request approval of
new single family residence over 15' in height.
LOCATION: 72-922 Grapevine Street
ZONE: R-1, 20,000
Action: Commissioner Hanson moved, seconded by Commissioner
Vuksic for approval by minute motion. Motion carried 6-0.
3. CASE NO.: MISC 03-47
APPLICANT (AND ADDRESSh TIM BUENZLI, 463 Desert Falls Drive
North, Palm Desert, CA 92211
NATURE OF PROJECT/APPROVAL SOUGHT: Request approval of
revised plans for a single family residence with roof height over 15'.
LOCATION: 38-770 Desert Mirage Drive
ZONE: PR-5
Mr. Smith stated that the plans are on the table for the commission to
review. Mr. Urbina commented that this was continued from the
November 10, 2003 ARC meeting. The applicant has submitted
revised elevations including the front elevation. The ARC had
requested that the applicant attempt to lower the roof heights at the
perimeter of the structure and the applicant has accomplished that. He
has lowered the highest part of the roof from 18' to 1610". A roof plan
was also submitted with a note that the applicant wishes to add a roof
top observation deck with a spiral staircase going up to that. This is in
G:Planning\Donna Quaiver\wpdocs\Agmin\AR031125.MIN 5
ARCHITECTURAL REVIEW COMMISSION
NOVEMBER 25, 2003
MINUTES
a Planned Residential zone. The zoning ordinance is ambiguous as to
whether an observation deck is considered a second story. There is a
wrought iron railing on the roof for the observation deck. Staff did
receive a letter from the adjacent property owner to the east objecting
to the proposed design on the following grounds: The neighbor doesn't
like the proposed flat roof because he feels that it's out of character
with the majority of homes in the area that have a sloping tile roof. In
addition, he's also objecting to the proposed raised floor of 3' which is
raised because the home will have a basement. The neighbor said in
his letter that raising the finished floor of the house 3', then all the
windows are raised higher than normal and therefore create a potential
invasion of privacy.
Tim Buenzli, applicant, was present and stated that there is a home in
his neighborhood with a basement and has a raised finished floor.
There's a home approximately five doors down that has a flat roof. He
showed the commission photographs of the previously mentioned
homes. He spoke to the neighbor who is going to be building to the
west of him and he has no problems with the proposed plans. Another
home has a flat roof on a portion of it with a 2' elevated finished floor.
He's not proposing to do anything that hasn't already been done in the
neighborhood.
Commissioner Van Vliet asked the applicant about the height in the
basement. Mr. Buenzli stated that it will be 9' high. Commissioner Van
Vliet asked if the basement height is driving the fact that he wants to
raise the floor level. Mr. Buenzli commented that he wants to add
windows to the basement to let in natural light. He's been talking to the
City for over a year about this and he didn't think there would be a
problem about putting a basement in as long as he stayed under the
appropriate roof height. The house right next door has been raised 2'
and his house is right on the street. He's proposing raising his pad 30'
from the street. Commissioner Van Vliet asked Mr. Buenzli if he didn't
have a basement, would he build the house at the pad level? Mr.
Buenzli commented that he could go either way, but he probably
wouldn't raise it.
Commissioner Vuksic suggested that the applicant lower the floor of the
basement more. Mr. Buenzli stated that he would prefer not to. Matt
Gerhardt, proposed builder, commented that there's going to be a lot
more of a call for basements with natural light. If you were to lower the
basement floor, would the possibility of having natural light be
eliminated. Commissioner Vuksic stated that this will not eliminate
G:Planning\Donna Quaiver\wpdocs\AgminWR031125.MIN 6
ARCHITECTURAL REVIEW COMMISSION
NOVEMBER 25, 2003
MINUTES
having natural light in the basement. He designs them and builds them
quite often and he can't ever remember raising the floor because they
have a basement. They build the main floor at the pad level and create
light wells for the basement, sometimes quite large ones which is what
the applicant can also do. It sounded like the applicant was saying that
this is what he was already planning to do. Mr. Buenzli stated that he
doesn't understand what the problem is when he's abiding by what he
was told that he could do in the City. The roof height has been lowered
to 17'. Part of the reason for the basement and raising the finished floor
height is to get a better view, but it doesn't make that much difference.
There's a mound in front of his view that he would at least be able to
see over. He kept everything at or below 17'.
Commissioner Gregory stated that Mr. Buenzli has exceeded some
limitation somewhere, such as the roof height. If he didn't exceed the
height limitation he might not have been before the ARC and everything
would've gone right through. Mr. Buenzli thought that the process has
begun because of objections from the neighbors because of Public
Works saying that they would like permission from the neighbor to see
what he thinks about it. Public Works suggested this because he
wanted to raise the pad. Mr. Urbina stated that the pad height indicated
on the project site plan does match that on the approved grading plan
for the tract. Mr. Buenzli stated that Public Works didn't object but they
wanted the neighbors to know that he was doing it and asked for a
letter. The neighbor (Mr. Remus Haste) next door is 17'3" which is 3"
higher than what he is proposing.
Commissioner Gregory stated that he doesn't have a problem with what
the applicant is proposing, except that he's pushing the edge of the
envelope in many areas, which is what makes him uncomfortable. He
suggested that the basement concept, as far as lowering the floor,
would be a simple solution to taking care of his neighbor's concerns.
Ramus Haste, neighbor, was present to address the commission. He
submitted a letter to the commission stating his concerns with the
proposed home. He lives next door. A correction needs to be made to
the letter in that the finished floor height is 3', not 18". Continuity in the
neighborhood is what he's after. He would like consistent, flowing
design. They have pitched tile roofs and then suddenly there would be
a very high flat roof. With the setbacks being 7' on each side, there's
only a 15' span of space. That's a concern in terms of the architectural
design of the house. Everything else in the neighborhood is pitched
tile. Incidently, I don't really like to take issue with people but those
G:Planning\Donna Quaiver\wpdocs\Agmin\AR031125.MIN 7
ARCHITECTURAL REVIEW COMMISSION
NOVEMBER 25, 2003
MINUTES
pictures that were circulated were from an adjacent development, which
is Montecito and is a gated community. The proposed home is in an
ungated community. The windows are going to be 3' higher than the
normal window height in the neighborhood. Being a neighbor, they'll be
looking down on me. Cars in the neighborhood, as they pass through,
will see the change in elevation of the windows as well as the roof
height, not to mention the rear of the home. This home butts up to the
Desert Willow golf course and that change will be seen by the golfers.
There is such a dramatic change so close to the traditional styling of the
neighborhood. There are three vacant lots on the street which will
potentially cause a chain reaction if they continue with the dramatic
change in the neighborhood. There could potentially be three homes
significantly different in style and look from the other homes on each
side. Keep in mind that the other photos were from the development
next door.
Mr. Drell stated that these are custom lots and are not part of a planned
community with no association. The City encourages diversity in
architecture. Uniformity is something that we expect in a military base
and is not something that's necessarily desirable in a custom home
community. The difference is that you have a 14' high vertical wall
instead of a 9' eave.
Mr. Gerhardt stated that the lot prices have increased dramatically.
The original houses have increased in value and now it requires a
different type of home, which would possibly be a more upscale home.
Some of the homes that are in this development have been improved
dramatically and they do really look differently than some of the other
homes that haven't been improved. There is a lot of upgrading that has
been done. The new homes in the neighborhood won't be simple
$350,000 homes. The new homes will be more expensive because of
the prices of the lots.
Commissioner Vuksic stated that the ARC does not dictate style. A flat-
roofed home just by the way it's structure, has to be quite a bit higher
than a pitched-roof home along the edge. The house is within the code
requirement regardless of the floor height, but he's concerned about the
precedent it sets to approve a house with a floor that allows it to look
down into the neighbor's house. It seems like a really simple matter of
digging a deeper hole for the basement. He would vote against the
house being raised up as high as it is.
G:Planning\Donna Quaiver\wpdocs\Agmin\AR031125.MIN 8
Noe
ARCHITECTURAL REVIEW COMMISSION
NOVEMBER 25, 2003
MINUTES
Commissioner Van Vliet stated that he was still unclear about how
much of the entire pad was going to be raised. What happens in the
rear? Where are all the steps? Mr. Buenzli stated that the rear will be
raised 1 Y2'. Commissioner Van Vliet asked if the applicant would be
allowed to raise the pad 1'/2' above the approved pad height. Mr. Drell
stated that typically we don't like to raise pad heights any higher than is
necessary to achieve the engineering goal of draining the property.
Increasing pad height purely for the goal of increasing views is typically
not done. It's a judgement call but when we look at a tract we try to
minimize grade differences between pads that aren't necessary or
dictated by the natural terrain. Does the design of the house warrant a
height limit above 15'?
Commissioner Gregory stated that in terms of setting precedent, we've
worked many a time with homes that were taller than 15'. We've
worked with people mitigating that increased height by having them
provide hip-type roofs on the sides. We have a home here where we
don't have an aesthetic objection to it because it's whatever he wants to
do, but because it has the flat roof and has 14' tall sides, that's pretty
high compared to a pitched hip roof, which is at 9'. It exacerbates the
harshness of this change. He suggested allowing the house to be
approved as proposed except not raised. If they want to dig the
basement out lower, then that's fine. There is also a concern,
especially in this situation with the observation deck proposed on the
roof. Mr. Haste commented that he's adamantly opposed to the
observation deck and doesn't like the 1 '/2' elevation in the back. It's
offensive and is not in accordance with the original design and plan of
the neighborhood. Mr. Drell stated that technically any change over 6"
between the pad height on the tentative map and the final map requires
a re-hearing.
Mr. Gerhardt commented on the observation deck. The deck faces the
golf course and as long as they won't be able to observe their
neighbors, what would be the impact on that? Commissioner Gregory
stated that he felt uncomfortable with it. He wouldn't want his neighbor
to have one looking down in his yard. Mr. Gerhardt agreed with
Commissioner Gregory as far as impacting the neighbor. If it was on
the side of the house to where you could see the neighbors, then he
would totally agree. However, he thinks that this observation deck is
located more in the center in the rear so that's not the case.
Commissioner Gregory asked if any line of sight drawings have been
done to show that it's not possible to look down on the neighbors. Mr.
G:Planning\Donna Quaiver\wpdocs\Agmin\AR031125.MIN 9
ARCHITECTURAL REVIEW COMMISSION
NOVEMBER 25, 2003
MINUTES
Gerhardt stated that this has not been done. Mr. Drell stated that a roof
deck is like a second floor and since this is a PR zone and this zone
does allow two-story houses. Mr. Haste stated that after reviewing the
plans, the deck looks like it's on the other side of the house which is
next to a vacant lot and the owner is not present.
Commissioner Vuksic stated that if the ARC is going to start looking at
the rear elevation and approve a roof deck on it, he's going to start
looking with a much more scrutinizing eye. What he sees right now is a
wrought iron picket railing on the roof of a building with a less than
adequate building elevation. Mr. Gerhardt stated that there's a wrought
iron fence in the rear yard. Commissioner Vuksic stated that he's
looking at the railing on the roof of a building, and not a very attractive
elevation of a building. If this is allowed, then all of a sudden people will
start building all these houses with picket railings on the roofs and roof
decks all over the place, which is really scary.
Commissioner Vuksic commented that he doesn't object to the house
being higher than 15'. His concern is the floor height. The house would
probably look better if it were taller than 15'. It would give him more
opportunity for articulation.
Commissioner Gregory stated that the ARC has made an effort in prior
situations of this type to mitigate the increased height by having hipped
roofs on the sides. Here we have a vertical house, which is different
than the other houses in the neighborhood, which is fine but there
should be some attempt to soften the impact. In this case, he doesn't
feel that it should be higher than the maximum height. If it were a
pitched roof house, then he would have a totally different perspective
on it. The applicant should be able to design anything he wants, within
reason. In this case, he's not objecting to the house design at all. Mr.
Gerhardt commented that they've tried to break it up and now we're
going to lower the roof height. It would look much better with a higher
roof. It would look better with a higher element. We're just going to
chop that element out and then the house is going to look all the same.
Mr. Drell stated that he's not going to chop the element off. They're
going to lower the floor 110". Mr. Gerhardt stated that they have the
opportunity to lower the roof. Mr. Drell stated that they're not going to
be exempt from architectural review by being under 18'. If they came in
with a pure box, staff wouldn't approve it. They have the bare minimum
amount of articulation in the roof line and if they eliminated it all, the
GRIanning\Donna Quaiver\wpdocs\Agmin\AR031125.MIN 10
`*M01
ARCHITECTURAL REVIEW COMMISSION
NOVEMBER 25, 2003
MINUTES
home would be referred right back to the ARC saying that staff doesn't
feel that they have enough articulation.
Commissioner Vuksic commented that he would rather say that the
applicant needs to lower the floor by 1'10" and throw out the 15' height
limit. Commissioner Gregory stated that he was concerned about the
resulting effect. If he wants to have 6' high ceilings, but he raises the
floor 4' higher, then it gets confusing. If there's a very understandable
limit, which in this case would be the maximum allowed anyway without
a variance, it's easy. Commissioner Van Vliet commented that if the
ARC gives the applicant a 15' roof height limit, he'll essentially lower the
floor all the way down.
Action: Commissioner Gregory moved, seconded by Commissioner
Oppenheim for approval subject to (1) maximum roof height of 15' with
the understanding that the existing design remains the same, and (2)
roof deck is not permitted. Motion carried 4-1-1 with Commissioner
Vuksic opposed and Commissioner Hanson abstaining.
4. CASE NO.: SA 03-166
APPLICANT (AND ADDRESS): PALM DESERT REDEVELOPMENT
AGENCY, 73-510 Fred Waring Drive, Palm Desert, CA 92260
NATURE OF PROJECT/APPROVAL SOUGHT: Request approval of
monument signs for Entrada del Paseo and wall sign for the new Palm
Desert Visitor's Center.
LOCATION: Highway 111 and west El Paseo
ZONE: OP
Action: Commissioner Hanson moved, seconded by Commissioner
Vuksic for approval by minute motion. Motion carried 6-0.
5. CASE NO.: MISC 03-53
APPLICANT (AND ADDRESS): DOLORES VICTORIA GARVIN, 74-
923 Sheryl Avenue, Palm Desert, CA 92260
NATURE OF PROJECT/APPROVAL SOUGHT: Approval of 7' block
wall.
G:Planning\Donna Quaiver\wpdocs\Agmin\AR031125.MIN 11
ARCHITECTURAL REVIEW COMMISSION
NOVEMBER 25, 2003
MINUTES
LOCATION: 74-923 Sheryl Avenue
ZONE: R-1
Action: Commissioner Hanson moved, seconded by Commissioner
Vuksic for approval by minute motion. Motion carried 6-0.
6. CASE NO.: PP 02-20
APPLICANT (AND ADDRESS): PREST-VUKSIC ARCHITECTS, 74-
020 Allesandro Drive, Palm Desert, CA 92260
NATURE OF PROJECT/APPROVAL SOUGHT: Final approval of a
two-story 32,910 square foot office/industrial building.
LOCATION: Parcels 14 & 15 on Technology Drive near Gerald Ford
and Cook Street
ZONE: PCD
Action: Commissioner Hanson moved, seconded by Commissioner
Vuksic for approval by minute motion. Motion carried 6-0.
7. CASE NO.: PP 01-22
APPLICANT (AND ADDRESS): ART JORDAN, 6150 N. 16'h Street,
Suite 200, Phoenix, AZ 85016
NATURE OF PROJECT/APPROVAL SOUGHT: Final approval of an
office/industrial complex, UNIVERSITY COMMERCE CENTER.
LOCATION: North side of Gerald Ford, east of College Business Park.
ZONE: PCD
Action: Commissioner Hanson moved, seconded by Commissioner
Vuksic for approval subject to approval by the Landscape Manager.
Motion carried 6-0.
GRIanning\Donna Quaiver\wpdocs\Agmin\AR031125.MIN 12
fir✓
ARCHITECTURAL REVIEW COMMISSION
NOVEMBER 25, 2003
MINUTES
8. CASE NO.: MISC 03-52
APPLICANT (AND ADDRESS): GERARD MURPHY, 72-764 Arboleda,
Palm Desert, CA 92260
NATURE OF PROJECT/APPROVAL SOUGHT: Request approval of a
6' wall, 7' back from the curb face.
LOCATION: 72-764 Arboleda Avenue
ZONE: PCD
Gerard Murphy, applicant, was present and stated that he spoke to his
immediate neighbors about his request. Mr. Urbina stated that the
applicant made a slight modification to the site plan. Instead of the
proposed 6' high wall being located 7' back from the curb face, he is
now proposing to locate it 6' back from the curb face. This is in an area
where there are no sidewalks. The zoning ordinance states that the
typical minimum required setback for a 6' high wall would be 12' back
from the curb face on a corner lot on the street side and 15' back from
the front. On the application that the applicant filed, he really doesn't
state a compelling reason why he wants a 6' wall so close to the curb
face. The applicant is here because he's requesting an exception to the
standard 12' setback from the side and 15' setback on the front. The
zoning ordinance further states that in order for the Architectural
Review Commission to grant an exception would be if the commission
made a finding that unusual circumstances exist that make the literal
interpretation and enforcement of the standards impractical or contrary
to the purpose of the ordinance. In staff's opinion, the applicant has not
provided a compelling reason why he should be allowed an exception
to deviate from our standard setbacks. Staff has a concern that if this 6'
setback were to be approved, it could set a precedent and it could
affect the aesthetics of the neighborhood.
Mr. Smith stated that Mark Greenwood was present to address this
item. Mr. Greenwood stated that there has been a right-of-way
abandonment similar to this case on Fairhaven, south of Fred Waring.
In Public Works, they treat these requests on a case-by-case basis. If
this was a major street in the middle of a neighborhood, Public Works
may not allow it. However, in this case where it's at the back end of the
neighborhood where the streets don't go anywhere it seems like it's a
doable thing, as long as there aren't any utilities in this area. Public
Works is willing to allow it. It takes about three months to vacate a
right-of-way.
GRanning\Donna Quaiver\wpdocs\AgminWR031125.MIN 13
ARCHITECTURAL REVIEW COMMISSION
NOVEMBER 25, 2003
MINUTES
Commissioner Van Vliet commented that if the ARC doesn't have good
compelling reasons for the decreased setbacks then he would have a
hard time approving it. He asked the applicant what the reasons are.
Gerard Murphy, applicant, was present and stated that he doesn't want
to put up a wall that's going to be an ugly eyesore in the neighborhood.
His goal is to get as much area of the wall out as far as possible. Once
he determines where he's going to put the wall, then the house will be
completely remodeled. He intends to add onto the home, but first he
wants to see what the City will allow him as far as perimeters for his
wall. He apologized for an error on his site plan and commented that
the wall will not be straight, as shown on the plan. The wall will be
meandering. There's a 45-year-old Oregon pipe cactus on the property
and he intends to build the wall around the cactus. He intends to add
landscaping to the outside of the wall, but it may not be wide enough for
what he wants to do. He wants to add some 36" box Mexican blue
fans. He intends on using a panel system for the wall which will have
electrical and water lines in the wall itself. He would like to add a
waterfall on the outside of the wall for visual effect.
Mr. Drell stated that there's a belief that for the same reason we have
front yard setbacks for houses, there should be some openness
between the street and significant structures.
Commissioner Hanson commented that the applicant can't build his
addition outside of his setbacks. Mr. Murphy stated that he would apply
for a variance.
Mr. Murphy stated that he's been listening to the commissioners and
thought that it would be better if he didn't ask for a motion at this point.
He wanted to revise his plans and agreed that the 6' setback is too tight
and doesn't look right. He'd like to redesign the wall, taking his existing
landscaping into consideration.
Action: Commissioner Hanson moved, seconded by Commissioner
Vuksic to continue the request to allow the applicant to return with
revised plans. Motion carried 6-0.
9. CASE NO.: MISC 03-45
APPLICANT (AND ADDRESS): ROB SHEARER, 8 Cholla Lane, Palm
Desert, CA 92260
G:Planning\Donna Quaiver\wpdocs\Agmin\AR031125.MIN 14
ARCHITECTURAL REVIEW COMMISSION
NOVEMBER 25, 2003
MINUTES
NATURE OF PROJECT/APPROVAL SOUGHT: Request approval of
roof height of 17'6" on a single family home.
LOCATION: 44-818 Cabrillo Avenue
ZONE: R-1
Rob Shearer, applicant, was present and commented that he didn't
understand why he was before the ARC at all because the proposed
home is within the height limitations. Commissioner Van Vliet stated
that the ARC has to approve any roof height above 15'.
Mr. Urbina stated that the ARC needs justification as to why the roof
was at the proposed pitch. Mr. Shearer commented that he's trying to
get some ceiling height on the inside. Mr. Urbina stated that the
applicant has a nonconforming lot width, which is only 60' wide. When
you take out 14' for the side yard setbacks, this results in a rather
narrow house. In order to get some pitch, it probably affected the roof
design.
Action: Commissioner Hanson moved, seconded by Commissioner
Vuksic for approval. Motion carried 6-0.
B. Preliminary Plans
1. CASE NO.: CUP 03-24
APPLICANT (AND ADDRESS): MICHAEL COLLIER, DELTA
GROUPS, 5 Park Plaza, #1400, Irvine, CA 92614
NATURE OF PROJECT/APPROVAL SOUGHT: Preliminary approval
of a 56-foot high monopalm wireless telecommunications tower with
adjacent equipment cabinets within a 12' x 24', 15' high equipment
building.
LOCATION: 39-105 Portola Avenue
ZONE: O.P.
Action: Commissioner Hanson moved, seconded by Commissioner
Vuksic for preliminary approval by minute motion. Motion carried 6-0.
G:PlanningTonnaQuaiver\wpdocs\Agmin\AR031125.MIN 15
Noe **Ale
ARCHITECTURAL REVIEW COMMISSION
NOVEMBER 25, 2003
MINUTES
C. Miscellaneous
1. CASE NO.: MISC 03-55
APPLICANT (AND ADDRESS): BASH'S CLUBHOUSE, 74-450
Highway 111, Palm Desert, CA 92260
NATURE OF PROJECT/APPROVAL SOUGHT: Approval of exterior
color change.
LOCATION: 74-450 Highway 111
ZONE: C-1
Mr. Smith introduced Joni Bash, applicant. Commissioner Gregory
asked what the official objection is. Mr. Smith commented that it was
not an objection, it was that the applicant did not obtain approval of an
exterior color change. Mr. Drell stated that significant modifications to
commercial building elevations require approval by the ARC. Color is a
significant element of the exterior elevation. Commissioner Gregory
spoke on Ms. Bash's behalf and asked why Staples is allowed to have
pretty interesting colors and wondered why Bash's can't have similar
bright colors. Mr. Drell stated that Staples has gone through the
process and they're changing their colors. The issue now has to do
with the relationship between RDA, Staples, the developer and the
timing of when the color change is going to occur. Ms. Bash
commented that she assumes that City is also dealing with Del Rio's,
Captain Cook's, Tribal Connection, Banana's and Indian Wells Hair
Salon. They've all done the same thing, probably for the very same
reasons; recognition of a business. Instead of blending into the sand,
they stand out in hopes of continuing with their business. For a long
time this has been known as a conservative city. For many years, the
demographics was geared more towards retired citizens and a much
older median demographic than what we currently have. The colors
that are coming out are more of a younger venue. We're year around
and the people who are here year around working for what the old
demographics used to be, don't necessarily oppose color as possibly it
used to be opposed. She's been made aware that there have been a
lot of complaints about her new building colors but she has letters
saying that it's nice to see the change. She has signatures that say
that they don't want the previous colors on the building. Some people
have told her that even though they don't care for the colors, they're
glad that she did something to the 40-year-old building that no longer
looks like a 40-year-old building. She commented that she doesn't
understand the problem.
G:Planning\Donna Quaiver\wpdocs\Agmin\AR031125.MIN 16
ARCHITECTURAL REVIEW COMMISSION
NOVEMBER 25, 2003
MINUTES
Commissioner Vuksic commented that we don't oppose color.
Commissioner Hanson stated that she's not necessarily opposed to the
colors that the applicant chose, she felt that if they were on a more
contemporary building they'd probably be very appropriate. However,
in her opinion, it looks like a 40-year-old building that got a new paint
job that doesn't apply to the architecture of the building itself. It just
makes it loud. The stone doesn't go with the colors. It may help her
business to have loud colors, but the ARC's job is to look at it in an
aesthetic manner. The aesthetics aren't helped by the shape of the
building, but she's generally not opposed to the colors. They're just not
appropriate for that particular building.
Ms. Bash stated that purple was the original color. The other colors
were an adjustment. Commissioner Lopez stated that he grew up in
Palm Desert and everybody knows where Bash's is. It's a
neighborhood bar and they probably see the same people in there all
the time. The building could be livened up, but the current colors are a
little bright. Ms. Bash stated that the purple color is part of the history
of the building. She asked the commission about a blend of the other
colors which will work within the guidelines that she's not aware of.
Commissioner Gregory stated that it's a subjective issue. Ms. Bash
asked for suggestions from the commission. Commissioner Gregory
suggested making the colors more subtle. If you like purple as one of
the colors, have a version of purple that's more muted so that the
building doesn't stand out so much. Commissioner Van Vliet
commented that there are a multitude of colors and color combinations.
They just need some design expertise.
Commissioner Hanson commented that for some reason the light in the
desert intensifies colors and makes them look brighter. Commissioner
Vuksic stated that bright colors can work when they have artistic merit
to them. When it looks like something was painted for no other reason
than to try to draw attention and wasn't done artistically and nothing
was done to the building besides painting it, then it's not appropriate.
Commissioner Gregory stated that someone who knows what they're
doing could help out very easily. Commissioner Hanson has helped
other people with the exterior color on their projects and it was
suggested that she could possibly help out with Bash's. Mr. Drell stated
that through our Facade Enhancement Program it is conceivable that
the City could potentially contribute to at least half of the cost of what
the original paint job cost. Commissioner Hanson agreed to help the
applicant chose new colors for the exterior.
G:PlanningTonna Quaiver\wpdocs\Agmin\AR031125.MIN 17
ARCHITECTURAL REVIEW COMMISSION
NOVEMBER 25, 2003
MINUTES
Action: Commissioner Van Vliet moved, seconded by Commissioner
Lopez to continue the request to allow the applicant to return with a
revised color scheme. Motion carried 6-0.
VI. ADJOURNMENT
The meeting was adjourned at 2:20 p.m.
STEVE SMITH
PLANNING MANAGER
G:Planning\Donna Quaiver\wpdocs\Agmin\AR031125.MIN 18