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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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