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HomeMy WebLinkAbout2009-06-09 t• ��•�� CITY OF PALM DESERT ARCHITECTURAL REVIEW COMMISSION MINUTES June 9, 2009 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 10 1 Chris Van Vliet X 10 1 John Vuksic X 11 Karel Lambell X 11 Pam Touschner X 8 3 Allan Levin X 6 1 Vacancy Also Present Lauri Aylaian, Director Tony Bagato, Principal Planner Kevin Swartz, Assistant Planner Diane Hollinger, Landscape Specialist Hart Ponder, Code Compliance Manager Janine Judy, Senior Office Assistant Ill. ORAL COMMUNICATIONS IV. APPROVAL OF MINUTES: May 12, 2009, May 26, 2009 & revisions to March 24, 2009 Action: It was moved by Commissioner Van Vliet, seconded by Commissioner Levin, to approve the May 12, 2009 meeting minutes. Motion carried 5-0-1-0, with Commissioner Touschner abstaining. It was moved by Commissioner Touschner, seconded by Commissioner Levin, to approve the May 26, 2009 meeting minutes. Motion carried 6-0. ARCHITECTURAL REVIW COMMISSION MINUTES June 9, 2009 It was moved by Commissioner Lambell, seconded by Commissioner Touschner, to approve the revised March 24, 2009 meeting minutes. Motion carried 4-0-2-0, with Commissioners Gregory and Van Vliet abstaining. V. CASES: A. Final Drawings: 1. CASE NO: RV 09-247 APPLICANT (AND ADDRESS): LINDA RECUPASE, 42870 Virginia Avenue, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of a request to park an RV (trailer) in the front yard. LOCATION: 42870 Virginia Avenue ZONE: PR-4 Mr. Swartz presented the project and summarized the staff report. The applicant is requesting to park a twelve-foot high RV in their front yard behind a five-foot wrought iron gate. The gate is located 15 feet from face of curb, and the RV is located approximately 20 feet from face of curb. The RV is screened from the north side by an existing hedge and tree, but the landscaping is located on the neighbor's property and not the applicants. To the south the RV is screened by a large tree which is located in the applicant's front yard. Staff suggested to the applicant to add additional landscaping on the south side to help screen the RV. Palm Desert Municipal Code, Chapter 8.40, Recreational Vehicles on Private Property, states the measurement of a RV shall not exceed twelve feet in height, which this RV falls under as measured to its highest point of twelve feet. Furthermore, this chapter states that the Architectural Review Commission (ARC) may approve and issue a permit to park a recreational vehicle in the front yard whether in a designated driveway or other city-approved hard surfaced area provided that an appropriate fence, wall, gate, door, landscaping or combination thereof is deemed adequate to screen the vehicle from adjacent lots and public streets. Staff believes the location and screening is inadequate as the RV exists in the current photographs. Mr. Swartz indicated that a Notice of GAPlanning\Janine Judy\Word FilesW M1nutes\2009\AR090W9min.doC Page 2 of 10 ARCHITECTURAL REVIEW COMMISSION MINUTES June 9, 2009 Public Hearing for this project was mailed to the neighbors and staff has not received any comments in favor or opposition. It was also noted that there was no one in attendance in favor or opposition. Mr. Swartz stated that staff was concerned because from the front there was nothing to screen the RV. Ms. Linda Recupase, applicant stated that she would be covering the RV. Commissioner Gregory asked how she would be screening it. The applicant stated that she wanted to place stained wood slats on the front gate but staff told her that it would not look good cosmetically. Mr. Swartz said that anything facing a public street cannot be wood. She explained how the gate in the front would not have an open look to it and that she would also be planting more hedges. She explained that six months ago she came in to get a permit to build a fence around the RV on the opposite side of the house but was told that there wasn't enough room there, so she placed it in its current location. Commissioner Van Vliet asked if she could push the RV back any further. The applicant said that it would only be able to go back maybe another two to three feet because of the fireplace. Commissioner Van Vliet didn't know how she would be able to screen it and not have the screening look bad in the neighborhood. Commissioner Levin stated that unfortunately any screening would not be coming up high enough to totally screen it. The Commission discussed movable, potted plants in front of the RV. Commissioner Touschner felt that if the applicant could place landscaping along the one side where there is none and then see what the pots would look like in front of the RV. She also stated that the fence is so far in front of the RV and suggested pushing the RV back as far as it can go. The applicant stated that she could push it back another two to three feet and said that it is even pushed back further than what was required to build the fence. Commissioner Touschner also thought that if the fence was painted a darker color it wouldn't stick out. Commissioner Vuksic stated that after looking at these over the years he felt that they cannot be screened adequately in the front yard, it ends up looking like a big block of odd looking landscaping. He suggested that she remove the chimney so that it can be placed on the side yard. Ms. Recupase stated that she couldn't because the way the yard is situation. She explained that the property line is GAPlanning\Janine Judy\Word Res\A Minutes\2009\AR09W09min.doc Page 3 of 10 ARCHITECTURAL REV16V COMMISSION MINUTES June 9, 2009 wide in the front but as it goes towards the back it is angled so the RV wouldn't go back very far. She pointed out on the photos how her yard is angled and what she has proposed. Commissioner Lambell asked where the trailer had been before. The applicant stated that it has been in the same spot for two years and none of her neighbors have complained. Commissioner Gregory wondered if the fence was painted a darker color, if hedges were provided of substantial height on both sides, and an effort was made to put movable pots in front of the gate. Commissioner Touschner thought it was a shame that it couldn't be up against the house and becoming a mass of the house, but this is in the front yard. Ms. Recupase explained that she would make it look like a side yard with the hedges and rock. Commissioner Gregory stated that it would still be the same setback from the street and stay exactly where it is now. Ms. Recupase stated that it would be expensive for her to have someone come out to cut the gate and fence and move the RV back, but she said she would do it if that is what it takes to get approval. Commissioner Gregory said that it looked like she had room in the front if she were to push the gate farther back and maybe net another four feet. The applicant agreed. Commissioner Lambell thought that would help considerably coming down the street with it not being so close to the street. Mr. Jose Menjivar, in attendance asked how far back the trailers should be. Mr. Bagato answered that the further away from the street the better, but staff and the Commission prefers to see them on the side yard not coming past the front of the house. The most difficult ones are the ones that are in the front yard even if they are screened because it is still somewhat unattractive. Commissioner Lambell stated that if they could paint the fence a darker color, get adequate screening, move the gate back and add movable pots with plants taller than the gate that would be the best they could do. Commissioner Vuksic made a motion to deny because he felt they could not adequately screen the trailer and Commissioner Van Vliet seconded. Commissioner Gregory asked for discussion. He said the one concern that he had was that some homes were larger and they have the opportunity to park an RV on their side yard and wondered how this applies to lots that are not as large with less of an opportunity to park between houses or on the sides. He GAPlanningUanine Judy\Word Files\A Minutes\2009WR090"min.doc Page 4 of 10 ARCHITECTURAL REVIEW COMMISSION MINUTES June 9, 2009 expressed that there is no definite, like specific setbacks or dimensions given to the Commission. Commissioner Touschner stated that some lots are appropriate and some lots aren't appropriate. Commissioner Gregory stated that on the other hand there are neighborhoods where there are a lot of RVs. Commissioner Gregory called for the vote and a motion for denial was granted. He stated to the applicant that she can appeal this decision to the City Council. Mr. Bagato informed the applicant that she has fifteen days to file a request to appeal in the City Clerk's office. Ms. Recupase asked why they denied her request. Commissioner Levin stated that the Commission feels that what was proposed was more like a band aid and that it wouldn't adequately screen the RV in the front yard. The applicant stated that she would adequately screen it and she would like the opportunity to do that. Mr. Bagato explained that the Commission feels that when an RV is in the front yard it cannot be adequately screened. Commissioner Vuksic stated that their decision comes from their experience with seeing results of people's attempts to adequately screen the RVs in the front yard and the screening looks just as bad as or worse than the RV because it looks so contrived and odd in the front of someone's home because it's out further to the street and is such a huge mass. ACTION: It was moved by Commissioner Vuksic and seconded by Commissioner Van Vliet, to deny Case RV 09-247 due to inadequate screening. Motion carried 4-2-0-0, with Commissioners Gregory and Lambell voting NO. 2. CASE NO: MISC 09-240 APPLICANT (AND ADDRESS): MICHAEL BERG, 42662 Sussex Street, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Final approval of a wall exception. LOCATION: 42662 Sussex ZONE: R1-9,000 GAPlanningWanine Judy\Word Files\A Minutes\2009\AR090W9min.doc Page 5 of 10 ARCHITECTURAL REVIW COMMISSION MINUTES June 9, 2009 Mr. Swartz presented the project and summarized the staff report. The applicant is requesting an exception to the wall ordinance to allow a six-foot wrought iron fence with ten columns located on street side property line along Edinborough Street. There was an existing six-foot wooden fence that the applicant recently removed. He presented photos of the wrought iron fence already built and stated that the property right of way is eleven feet from face of curb. Since the applicant built the fence without a permit, the Building Department will charge double the permit fee and the applicant will also have to apply for an encroachment permit through Public Works if the fence is not eleven feet from the curb. Mr. Swartz indicated that a Notice of Public Hearing for this project was mailed to the neighbors and staff has received one letter in favor and none in opposition. It was also noted that there was no one in attendance in favor or opposition. Commissioner Gregory asked why the applicant built his fence before obtaining an approval. Mr. Michael Berg, applicant stated that he is a first time homeowner and didn't know and just wanted to replace an ugly fence with a new wrought iron fence. Commissioner Gregory asked if the new fence is in the same location as the previous fence. Mr. Berg stated that the previous fence was right up against the sidewalk and this one is in a little bit farther; not quite eleven feet because of the trees. He was originally going to do it at eleven feet, but he would have had to cut branches and roots and he was afraid that the four trees would die. Commissioner Van Vliet felt that the applicant expanded the fence substantially. Mr. Berg said that it was going down the yard a little bit farther, but not substantially. He explained that the old fence ended at the pool equipment and this one goes down a little bit further. The Commission discussed the wrought iron fence and its location. Commissioner Vuksic asked how the pool and mechanical equipment would be screened. The applicant stated that he would be building a four-foot wall around the pool equipment. Commissioner Vuksic suggested building it taller because people will be able to see the equipment. Commissioner Vuksic felt this warrants an exception because they have done a really nice job with it. Commissioner Levin asked if they were putting something on top of the pilasters. Mr. Berg stated that they would be putting a cap on them. Commissioner GAPlanningWanine Judy\Word FilesW Minutes\200MR090609min.doc Page 6 of 10 ARCHITECTURAL REVIEW COMMISSION MINUTES June 9, 2009 Van Vliet asked if the block would be plastered. The applicant stated that it would be tan precision block and eventually he would do plaster or stone veneer. Commissioner Vuksic stated that what makes this work is that it is a wrought iron fence and not a solid wall eleven feet from the curb. Commissioner Lambell was concerned that the applicant's backyard will become very visible from the street and she informed him that if he wants to add anything he would have to come back for staff approval. Commissioner Van Vliet thought landscaping would give him the privacy he would need. Commissioner Touschner also informed the applicant that anytime he changes anything like the fence in the back, painting, etc., he needs staff's approval. ACTION: It was moved by Commissioner Lambell and seconded by Commissioner Levin to grant approval subject to: 1) screening of the A/C and pool equipment; and 2) review and approval by Public Works for an encroachment permit. Motion carried 6-0. 3. CASE NO: RV 09-233 APPLICANT (AND ADDRESS): JOSE ALEX MENJIVAR, 74100 Desert Star, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of a request to park an RV (utility trailer) on side yard with a gate. LOCATION: 74100 Desert Star ZONE: R-1 9,000 Mr. Swartz presented the project and summarized the staff report. The applicant is requesting to park a six-foot high utility trailer in the side yard. The trailer is adequately screened with a large hedge to the west and plants to the east. The trailer sits back ten feet from curb, but the applicant is willing to place it as far back as needed. Palm Desert Municipal Code, Chapter 8.40, Recreational Vehicles on Private Property, states the measurement of a RV shall not exceed twelve feet in height, which this RV falls under as measured to its highest point of twelve feet. Furthermore, this chapter states that the Architectural Review Commission may approve and issue a permit to park a recreational vehicle in the front yard whether in a GAPlanningWanineJudy\Word FilesW Minutes\20MAR090609min.doc Page 7 of 10 ARCHITECTURAL REVIIW COMMISSION MINUTES June 9, 2009 designated driveway or other city-approved hard surfaced area provided that an appropriate fence, wall, gate, door, landscaping or combination thereof is deemed adequate to screen the vehicle from adjacent lots and public streets. Staff believes the location and screening is adequate as the RV exists in the current photographs. Mr. Swartz indicated that a Notice of Public Hearing for this project was mailed to the neighbors. It was noted there was no one in attendance in favor or opposition. The Commission reviewed the photos presented and Commissioner Van Vliet asked what the trailer was used for. Mr. Jose Menjivar stated that they are used for quads, which are stored in the garage. The trailer is always empty except when he is moving the quads. Commissioner Van Vliet stated that this is a unique situation, it's an open trailer, doesn't have equipment on it and it's not twelve feet high. Commissioner Van Vliet made a motion for approval, seconded by Commissioner Lambell and a motion for approval was granted. Mr. Menjivar asked about placing an RV on his side property in the near future and asked what the requirements would be. The Commission and the applicant discussed setbacks and landscaping. They informed him to bring in photos and a plan of what he intends to do. Commissioner Van Vliet informed the applicant that the previous approval was only for the current utility trailer. ACTION: It was moved by Commissioner Lambell and seconded by Commissioner Touschner to grant approval. Motion carried 6-0. 4. CAS E NO: G PA 07-02 /C/Z 07-01 / P P 07-09 / C U P 07-10 APPLICANT (AND ADDRESS): WLC ARCHITECTS, INC., PHUC TRAN, 10470 Foothill Blvd. Rancho Cucamonga, CA 91730 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of construction drawings for a new 42,512 square foot Administration Building; Coachella Valley Water District. LOCATION: 75-515 Hovley Lane East ZONE: SI GAPlanningWanine Judy\Word FilesW Minutes\20MAR090609min.doc Page 8 of 10 ARCHITECTURAL REVIEW COMMISSION MINUTES June 9, 2009 Mr. Bagato stated that this was a final approval of construction drawings for the CVWD administration building. the applicant was here at a previous meeting and the Commission was concerned about the screening equipment. Mr. Phuc Tran, architect stated that he had a revised roof plan and walked the Commission through the changes. He presented cut sheets for the units and stated that the tallest one is seven foot ten inches. They discussed the roof and the curb. ACTION: It was moved by Commissioner Vuksic and seconded by Commissioner Van Vliet to grant approval of the revised construction drawings. Motion carried 5-0-1-0, with Commissioner Levin abstaining. B. Preliminary Plans: None C. Miscellaneous Items: Commissioner Levin asked for an update on getting feedback from other jurisdictions regarding Recreational Vehicles. Mr. Bagato stated that Ms. Grisa will be presenting a staff report to the City Council at the next scheduled meeting stating that the Architectural Review Commission has requested that staff revise the ordinance. If Council approves, then staff will take a look at other jurisdictions' requirements and come back with a recommendation. Commissioner Gregory felt that this is creating a situation where people are getting hurt and staff needs to come up with better guidelines to make things a little simpler. He stated that there are some situations where RVs are not appropriate in the front yards so why lead an applicant down that path of hope. Mr. Bagato agreed, but twenty years ago Council didn't want to prohibit RVs on any particular lot. He expressed that just as setbacks are different based on lot sizes, the requirements for RVs should be based on lot size as well, and if you have a certain lot size other than 9,000 square feet you shouldn't have them. Commissioner Touschner suggested there be requirements for RVs and those requirements cannot be met on a smaller lot. Mr. Bagato said that an applicant can still ask for it in the front yard if it is screened. He invited the Commission to attend the City Council meeting when this report is presented. GAPlanningWanine Judy\Word FilesW Minutes\2009WR090609min.doc Page 9 of 10 ARCHITECTURAL REVIE�IU COMMISSION MINUTES June 9, 2009 Commissioner Levin mentioned that staff missed a hit on Grower's Market with the equipment located on the roof being visible from all sides. The Commission reviewed it from the Highway 111 and the San Marcos side, but not around the back. He remarked that the Commission looks to staff to feed that information. Commissioner Touschner asked if it was too late to ask for that. Mr. Bagato said that they have already received approval. Ms. Aylaian, Director of Community Development asked if this was new equipment. Commissioner Vuksic stated that this equipment was already there and that the applicant just put up a new awning on an old building. VI. ADJOURNMENT It was moved by Commissioner Lambell, seconded by Commissioner Levin to adjourn the meeting. Motion carried 6-0. The meeting was adjourned at 1:35 p.m. TONY AGAT PRINCIPAL PLANNER GAPlanningWanineJudy\Word FilesW Minutes\2009WR090609min.d0c Page 10 of 10