HomeMy WebLinkAbout2009-03-10 ��•�� CITY F PALM
M DESERT
ARCHITECTURAL REVIEW COMMISSION
MINUTES
Revised*
March 10, 2009
I. CALL TO ORDER
The meeting was called to order at 12:30 p.m.
II. City Clerk, Rachelle Klassen swore in the new Commissioner, Allan Levin prior to
the start of the meeting.*
III. ROLL CALL
Commissioners Current Meeting Year to Date
Present Absent Present Absent
Ronald Gregory, Chairman X 5
Chris Van Vliet X 5
John Vuksic X 5
Karel Lambell X 5
Pam Touschner X 4 1
Allan Levin X 1
Vacancy
Also Present
Lauri Aylaian, Director
Tony Bagato, Principal Planner
Missy Grisa, Assistant Planner
Diane Hollinger, Landscape Specialist
Hart Ponder, Code Compliance Manager
Janine Judy, Senior Office Assistant
IV. ORAL COMMUNICATIONS
V. APPROVAL OF MINUTES: February 24, 2009
Action:
It was moved by Commissioner Van Vliet, seconded by Commissioner
Lambell, to approve the February 24, 2009 meeting minutes with minor
changes. Motion carried 6-0-0-1, with Commissioner Levin abstaining.
VI. CASES:
000,
ARCHITECTURAL REV W COMMISSION ,
MINUTES March 10, 2009
A. Final Drawings:
1. CASE NO: SA 09-079
APPLICANT (AND ADDRESS): LUIS MARISCAL, 20117 Romar
Street, Chatsworth, CA 91311
NATURE OF PROJECT/APPROVAL SOUGHT: Final approval of
wall signage: First California Bank (withdrew)
LOCATION: 78000 Fred Waring Drive Suite 100
ZONE: C-1
ACTION:
It was moved by Commissioner Vuksic and seconded by Commissioner
Lambell to approve the withdrawal of Case SA 09-079. Motion carried 6-0-
0-1, with Commissioner Levin abstaining.
2. CASE NO: CUP 08-247
APPLICANT (AND ADDRESS): VERIZON WIRELESS, 15505
Sand Canyon Avenue, Bldg D 1st Floor, Irvine, CA 92618
NATURE OF PROJECT/APPROVAL SOUGHT: Approval of an
installation of a 70-foot monopalm telecommunicating facility.
LOCATION: 73-750 Dinah Shore Drive
ZONE: S.I.
Mr. Bagato stated that this was continued from a previous meeting
to allow the applicant to research other possible sites for the
monopalm. Unfortunately, there wasn't a suitable location because
there weren't a lot of palm trees on other sites. Staff has been
working with Public Works and there were no drainage concerns,
but from the development side they would request an easement
from Edison. They are required to have new A/C units because
they are moving the equipment inside one of the storage facilities.
However, one of the issues with that is that they will have to
relocate an existing wall to put in the A/C units which will remove
some existing landscape in the front. When staff approved the self-
storage facility, this whole project was conditioned because of a five
foot setback with a blank wall and the condition required that they
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put in landscaping to help buffer the wall. With this proposal there
were concerns with the loss of landscaping. The applicant
proposed putting vines on the wall but the Landscape Specialist
had some concerns with the amount of room. Staff's overall
concern was that this location is very tight. The plans are showing
three trees and staff usually likes to see three or four. Staff is
recommending denial of the proposed location and encourages
them to find another location to mitigate the landscaping concerns
and get a few more trees in there.
Commissioner Gregory stated that he didn't find this to be that
offensive. In the photo sims the three live palms appear to be the
same height as each other and if they were differing heights you
would have more mass at different elevations and be more realistic.
Mr. Robert McCormick, Verizon representative stated that they
have considered raising two of the palms; one to 50 feet and one to
40 feet. He indicated that the young tree currently there will be
relocated and said that they will be putting vines along the wrought
iron that is there. Commissioner DeLuna said that it appeared that
the applicant has done a lot of investigation of other sites and came
back to this one and agreed with Commissioner Gregory with
varying the heights of the live trees.
The Commission discussed other areas on that lot where this could
be located. Mr. McCormick explained that the monopalm would be
much more visible from the freeway if located in other areas and
stated that the building would screen this area and the elevation
drops down. Commissioner Lambell felt that it was too crammed
in.
Ms. Diane Hollinger, Landscape Specialist asked how large the
foundation was where this pole will be sitting. Mr. McCormick
replied that it was five foot nine inches. Ms. Hollinger stated that
the minimum planter size for a tree is 48 square feet and staff will
accept five by five. She pointed out that the applicant does not
have that kind of space especially if they were asking for additional
palm trees. She said that any plant will be struggling to survive in
the wall where they want to put the condensers. In reference to
moving the new tree, she requested that they not relocate it. From
a landscape prospective she indicated that the plants will be
struggling in that area.
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The Commission was concerned that there was not enough room
for the live trees. Mr. Bagato stated that the Conditional Use Permit
(CUP) will be approved for three trees and if it turns out that they
can't do three then staff will have to look at amending it or
redesigning it. Commissioner DeLuna stated that they have spent
an inordinate amount of time searching for other site locations and
stated that at some point usefulness rather than beauty is the
lesser of two evils. Mr. Bagato stated that staff has spent time with
the applicant out in this area and there is nowhere else that would
provide adequate screening.
Commissioner Touschner said that the trees could be massaged
and not be so close to the pole, with varying heights, as well as
being a little more random. Commissioner Gregory asked if there
was a general rule requiring three live palms. Mr. Bagato replied
that it is the direction of the Planning Commission to have four or
five live palm trees. He stated that even if they picked another site
none of these developments have a lot of palm trees and even if
they cluster four or five they are still going to stand out. He asked
the Commission if it would help by applying two or three more live
palms on the self-storage property to get more trees throughout the
project instead of just in one area. The Commission and the
applicant agreed.
Commissioner Van Vliet asked if they could shift the monopalm
south a bit to get more room on the upper one. Mr. McCormick
replied that they could. The Commission and the applicant
discussed the areas where additional palm trees could be located.
ACTION:
It was moved by Commissioner DeLuna and seconded by Commissioner
Lambell to grant approval subject to: 1) fluctuation in the tree heights; 2)
additional cluster of palm trees throughout the project; and 3) shifting the
mono-palm south to avoid crowding. Motion carried 5-0-1-1, with
Commissioners Vuksic and Levin abstaining.
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3. CASE NO: RV 09-037
APPLICANT (AND ADDRESS): DEAN VEITH, P.O. Box 752,
Indio, CA 92202
NATURE OF PROJECT/APPROVAL SOUGHT: Approval of a
request to park a boat behind a side gate in the RV driveway.
ZONE: R-1 9,000
Ms. Grisa stated that this was continued from a previous meeting to
allow the applicant time to push the boat back three to four feet and
submit additional photos to the Commission. After review, staff is
still recommending denial.
Mr. Dean Veith, applicant submitted a map of his property to show
the distance from the curb to the gate, which is about 40 feet. He
stated that his boat is visible from one neighbor to the west or
looking straight down the cul-de-sac. Commissioner Gregory
stated that in terms of the spirit of ordinance it is not substantially
screened. Mr. Veith asked for the proper way to screen it if you
only allowed a seven foot screen for a twelve foot vehicle based on
the code. Ms. Grisa stated landscaping. Commissioner Van Vliet
replied that he would have to have a big enough piece of property
to screen it. Commissioner DeLuna asked if the top part of the boat
could be removed. Mr. Veith stated that it the T-top is welded on
and cannot be removed.
Commissioner Gregory thought that the problem is with the
ordinance itself. If you don't want these things parked on the side
or the front of people's homes they shouldn't be there, but the code
is so vague it creates a sense of "why not"? Mr. Bagato stated that
initially the city tried to get rid of them all but there was a backlash
from that. The code was written this way and the Commission
treats them on a case by case basis. Commissioner Gregory said
that the boat is clearly way too big to be substantially screened.
Mr. Bagato stated that any decision can be appealed.
Commissioner Lambell stated that it is not only the neighbor seeing
this or people coming to visit, but it's the people that come around
the cul-de-sac who will see the boat because it is not substantially
screened. Commissioner Gregory said that the problem for him is
the term "substantially screened" and the boat is so tall. Mr. Veith
asked again how he could properly screen it. Commissioner Van
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Vliet stated that he couldn't properly screen it because it's too big -
he would need a bigger lot. Commissioner Gregory stated that if he
had a boat without the super structure on top it would be something
they could work with. Commissioner Gregory stated that the
Commission needs a guideline where they are reasonably
consistent regarding these types of cases.
The Commission asked if this was noticed. Mr. Bagato stated that
it was noticed ten days before the previous meeting and Ms. Grisa
stated that no correspondence was received relating to this case.
Commissioner Gregory informed the applicant that if his case is
denied he can appeal to Council. Mr. Bagato explained the appeal
process to the applicant.
ACTION:
It was moved by Commissioner DeLuna and seconded by Commissioner
Lambell to deny a request to park a recreational vehicle (boat) on a side
yard; recreational vehicle (boat) to remain on property during appeal
process. Motion carried 6-0-0-1, with Commissioner Levin abstaining.
4. CASE NO: SA 09-84
APPLICANT (AND ADDRESS): SUBWAY, 8300 Utica Avenue
#245, Rancho Cucamonga, CA 91730
NATURE OF PROJECT/APPROVAL SOUGHT: Final approval of
wall signage; Subway.
LOCATION: 75-048 Gerald Ford Drive #104
ZONE: P.C.D. F.C.O.Z
Mr. Bagato presented this sign proposal and stated it doesn't
comply with the sign program that was approved for the shopping
center. The signs that were approved for the sign program and
endorsed by the landlord and the architect showed eighteen inch
letters and Subway is requesting that they be approved at 24
inches. Staff is not necessarily opposed to a larger sign if it fits
proportionately, but when the sign program was approved it had
small letters. This plan was submitted to the property owner and the
architect who supported the larger sign as they believe they need a
larger sign because they are further in the back. However, a
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monument sign was approved on Gerald Ford and their name
would appear on that as well. Staff is recommending eighteen
inches under the sign program since their name will be on this
monument sign.
Ms. Cheryl Loyd, representative stated that in the sign program it
clearly states that it can be different from the sign program at
eighteen inches per the discretion of the landlord. They have an
exceptional amount of frontage and Subway being a registered
trademark they have to stay that exact way; you can't make them
longer. Asking for eighteen inches really shrinks down their
visibility and advertising. The sign at 24 inches isn't extreme, and
is way under the one-to-one per lineal footage allowed by municipal
code.
Commissioner Van Vliet said that the letters are 24 inches and
asked for the size of the green border. Ms. Loyd said that the letter
size is 24 inches and the contour was two to three inches on top
and bottom and was added per the discretion of the architect
because the building is yellow. Commissioner Van Vliet thought
that it was closer to 30 inches.
The Commission reviewed and discussed the sign proposal and
asked if the sign conformed to the building size. Mr. Bagato replied
that it complies with the lineal frontage, however the way it is
presented in the drawings it looks pretty big on the building. Ms.
Loyd stated that these drawings were architectural which differ from
the actual appearance of the sign. She stated that she could get
pictures of the building and superimpose them and resubmit to staff
so they can see what the size would look like on the building.
Commissioner Van Vliet stated that eventually there will be more
signage on the building which will impact it even more. He felt they
didn't need four signs and thought two would be sufficient. Mr.
Bagato stated that they would get four signs, one for each side of
the building.
Commissioner Vuksic felt that the sign had some stylization but
was concerned with the 24 inch letters. He felt that eighteen would
work just fine. Ms. Loyd stated that these letters are slanted and
take inches off. Commissioner Vuksic stated that three of the signs
already inside the project are at a close proximately before you
even see the sign, so that would make eighteen inches more
appropriate. Commissioner Touschner stated that they do look tiny
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at eighteen inches on the drawings. Commissioner Vuksic agreed
and said that because it was such a short sign twenty inches is
okay, but not 24. He recommended 20 inches plus the green
border on top of that.
Commissioner Touschner didn't understand why they had to have
Sign B, on the saw tooth piece. She didn't think they were doing
justice to the building when you look at that sign along with the
other signs that will be going up. Commissioner Vuksic stated that
in terms of visibility he felt that was their most valuable sign.
Commissioner Van Vliet agreed, but had a problem with the two
signs in the corner and said that when you are on Cook Street
going over the overpass you'll see both signs because it is a corner
situation.
Commissioner Vuksic made a motion to approve the signs subject
to the size being reduced so that the white and the yellow lettering
not including the green border is 20 inches high for all four sides.
Ms. Loyd asked if they could increase the signage to 22 inches on
the north elevation since they had a 60 foot frontage which is still
well under the sign code. Commissioner Vuksic was still hesitant of
his motion as it is because they don't have a clear picture of what
will be happening on the rest of the building. Commissioner
Touschner said that she understood what Ms. Loyd was saying, but
it would then be worse because the signs wouldn't match size wise.
Commissioner Van Vliet opposed the motion because he felt there
was too much signage on top and too much on all four sides.
ACTION:
It was moved by Commissioner Vuksic and seconded by Commissioner
DeLuna to grant approval subject to reducing the white and yellow lettering
on all four signs to 20 inches; not including green border. Motion carried
6-0-0-1, with Commissioner Van Wet abstaining.
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5. CASE NO: SA 09-095
APPLICANT (AND ADDRESS): THE WESTIN DESERT WILLOW
RESORT VILLAS, 39104 Portola Avenue, Palm Desert, CA 92260
NATURE OF PROJECT/APPROVAL SOUGHT: Final approval of
wall signage, monument signage and a sign program for: The
Westin Desert Willow Resort Villas.
LOCATION: 39104 Portola Avenue
ZONE: PR5
Ms. Grisa presented the project and stated that the applicant is
proposing a signage program that consists of primary building
identification signs at main entry points, directional signs, and site rules
signage. The first sign upon entering the site off of Portola Avenue is
an angular monument sign which gives visibility to drivers heading
north or south. This sign has been located on the landscape plan
within a desert planting to avoid the overspray of an irrigation system.
It is also located outside of the public right-of-way off of Portola. Staff
believes the proposed signage program is well designed and will
further enhance site navigation. The materials and colors chosen suit
the desert color scheme and will suit the building well. Staff is
recommending design approval of the required site signage.
Commissioner Levin asked if the Commission was approving signage
location and size as well. Ms. Grisa replied that that was correct and
stated that they were general locations because the plans showed one
example of the locations. The Commission stated that they were great
looking and real quality.
ACTION:
It was moved by Commissioner Vuksic and seconded by Commissioner Van
Vliet to grant approval. Motion carried 6-0-0-1, with Commissioner Gregory
abstaining.
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6. CASE NO: MISC 09-86
APPLICANT (AND ADDRESS): ROYAL STREET
COMMUNICATIONS CALIFORNIA, LLC, 350 Commerce, Suite
200, Irvine, CA 92602
NATURE OF PROJECT/APPROVAL SOUGHT: Approval to add
six panel antennas to existing monopalm.
LOCATION: 42"d Avenue
ZONE: S.I.
Mr. Bagato presented the project and stated that this was an
approval to add six panels to an existing monopalm. He presented
photos of the existing site and the proposed additional panels. He
informed the Commission that we do try to encourage co-location
so there aren't too many palm trees. Staff's concern was with the
appearance of how the existing head looked. We talked to the
proposed company that is working on the expansion if we were to
approved the co-location we are requesting that they re-do the
head of the palm and they said they would talk to the existing
carrier about doing that.
Commissioner Vuksic stated that the head is more obtrusive than
what they are proposing. The Commission asked if the fronds
could be refurbished. Ms. Veronica Arvizu, representative stated
that they have already talked with AT&T and they are aware of the
situation and that it would be a part of the approval to repair the
fronds.
The Commission asked if at one time were there additional palm
trees located at this site and would they be required to plant
additional palm trees. Mr. Bagato stated that this is for a co-
location and adding trees would not be a requirement. He indicated
that he could look into the existing Conditional Use Permit with
AT&T to see if they are in violation and then take it up with them.
ACTION:
It was moved by Commissioner Lambell and seconded by Commissioner
Levin to grant approval subject to: 1) palm fronds being refurbished; 2) staff
to review prior approval for maintenance of live palms. Motion carried 7-0.
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7. CASE NO: RV 09-074
APPLICANT (AND ADDRESS): CHRISTY DONOHUE, 73-364
Salt Cedar Street, Palm Desert, CA 92260
NATURE OF PROJECT/APPROVAL SOUGHT: Approval of a
request for storing a travel trailer on property.
LOCATION: 73-364 Salt Cedar Street
ZONE: R-1 12,000
Ms. Grisa presented the project and summarized the staff report.
The applicant is requesting to park a nine-foot high RV in their side
yard driveway behind a five foot seven inch high gate. This gate
connects to a side yard wooden fence that adequately screens the
RV from the street and adjacent neighbor. The exposed height
above the fence line and gate is approximately three feet and the
RV appears to be right at the front roof line of the house, not above
it. The code reads the vehicle should not project beyond the front
roof line of the house. Staff believes the location and screening is
adequate as the RV exists in the current photographs. The photos
were taken of the neighborhood traveling east and west bound on
Salt Cedar and the RV was not visible, only when right in front of
the house.
Staff also recommends that the PVC poles and the fallen tarp that
exist now in the photos should be removed as they do not further
screen the RV or upgrade the appearance. Furthermore, six foot is
the maximum wall height in residential zones along the property
line unless further screening is approved by the Architectural
Review Commission. The applicant has proposed a vinyl mesh
screening material to be placed along the top of the side yard fence
to screen their RV from their neighbors view. This screen would be
24 feet long at a three foot ten inch height. Staff believes that this
would further attract attention and is unnecessary as the RV is
adequately screened as shown. Staff recommends approval to
park a recreational vehicle, in its current state, in the side yard of
the property.
Ms. Christy Donohue, applicant stated that she would do whatever
the Commission deems necessary to properly screen the trailer.
She stated that in two to three months she will be downsizing the
trailer or removing it completely.
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Mr. Tim Bartlett, neighbor had objections to the notice. He pointed
out that the notice states, "review of an application to store a travel
trailer behind a side yard gate in the recreational vehicle driveway",
which assumes there is a recreational vehicle driveway and he said
that was an improper notice.
He was in possession of a letter from Mr. Homer Croy that states
that staff acts as a vehicle in this case to present the item to the
Architecture Review Commission in a way that best meets the
intent and purpose of the municipal code. If you look at the
municipal code it clearly states that "the city council finds
recreational vehicles not regulated as to parking and storing on
private property do not enhance the community's appearance and
may interfere with the health, safety and public welfare of the
community." One of his objections is fire safety as there is no
access between the buildings. This RV occupies the space
between his fence and the applicant's structure so if a fire did break
out on the applicant's property it is likely that this would prohibit fire
fighters from not only fighting the fire, but protecting his home as
well. He explained that this is a privacy issue since the placement
of the RV's window allows someone to look right into his bedroom.
He mentioned that Code Enforcement recently discovered a large
amount of dog feces under the RV and that the trailer is also
hooked up to water, sewer, and power, which is also a problem.
He stated that in his opinion, staff's job is to enforce the municipal
code and the code is quite clear that adequately screening an RV
be a part of the proposal. The applicant has proposed a screening
device but apparently staff didn't like it so they are proposing none.
Proposing none is an interesting stance to take. Normally if staff
doesn't like something they tell applicants to come back with
something else. Ms. Grisa stated that if staff did believe that it
needed additional screening they would suggest that it be brought
forth in a different manner. However, since this is a typical RV
situation, as seen in other examples, staff believes that additional
screening is not necessary. Mr. Bartlett asked if staff felt that 60
percent was adequate. Ms. Grisa stated 60 to 75 percent is
adequate as long as more than half is covered. Mr. Bagato said
this is consistent with what has been approved in the past without
requiring additional screening. Mr. Bartlett stated that staff is not
presenting this in a manner that is upholding the provisions in the
code; adequately screened means adequately screened.
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Commissioner DeLuna asked if this was at the height allowed and
within the code requirements. Ms. Grisa replied that it was.
Commissioner Levin addressed the issue with the proposed
screening material. It is his understanding that staff's concern was
not with the screening material it was the fact that if the screening
material is not maintained then it looks bad because it isn't up
there. Mr. Bartlett clarified that the screening material shown in the
photos was a screen that he erected on a temporary basis.
Commissioner Touschner asked if the screen being proposed was
just between the two properties and not along the front. Mr. Bagato
said that was correct. Commissioner Touschner said that it
seemed to her that there were two issues; the screening from the
street and the screening from the neighbor. Ms. Grisa replied that
that was correct and said that the trailer is three foot five inches
above the gate. The trailer height on the attachment is nine feet
and the side gate is five foot seven inches.
Commissioner Touschner referred to the power and water and
asked if they could have this hooked up and using it on a regular
basis. Mr. Hart Ponder, Manager of Code Compliance stated that
some houses have RV utility hookups that were installed when the
house was constructed. The question would be if it's actually being
occupied or lived in or is it for maintenance reasons, which are
allowed.
The Commission discussed the neighbor's fire concerns. Mr.
Bagato stated that the fire department only needs a five foot
minimum clearance on at least one side of both properties. Ms.
Lauri Aylaian, Director of Community Development stated that staff
brought this concern to the attention of the Fire Marshall and he
was not concerned with an RV as being any different from any
other vehicle and did not see this impairing the fire department.
Commissioner DeLuna asked again if there was anything outside of
code requirements and Ms. Grisa said no unless the Commission
requires additional screening. Commissioner Gregory said it's not
just code it's this very subjective analysis of this very awkward
ordinance.
Commissioner Gregory asked about the height of the property line
fence and if the properties were at the same grade. Mr. Bartlett
replied that the fence was about five feet seven inches and the
applicant's pad is two feet higher. Mr. Bagato stated that the
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maximum height is measured from the lower pad. Ms. Grisa stated
that the fence can be six feet from the high side on the condition
that the neighbor on the low side approves it as they will have the
higher wall. Commissioner Gregory wondered if the view of the RV
could be mitigated by making the fence and gate a little taller so
they still conform to code and then it might be adequately screened.
He also suggested a tree be planted on Mr. Bartlett's property to
take away the impact of the trailer. Mr. Bartlett said that the front
view was blocked by a large sized van the applicant parks in front
of it. His concern was that he can look right into the RV from his
bedroom window. Commissioner Gregory asked if the fence were
increased in height, according to code, would it block the view
towards his bedroom. Mr. Bartlett asked if that would be the
maximum six feet according to code. Ms. Grisa said it would
depend on the grade difference. For instance, if he was eighteen
inches lower than his side of the fence would be seven feet six
inches. Mr. Bartlett said that would help.
Ms. Donohue stated that she had planned to remove the trailer
before this issue came up because they don't use it anymore and
will be selling it in the spring, like April. Commissioner Gregory
stated that if she is planning on selling it they could give her a 90-
day extension and look at it again if that doesn't happen within that
time frame. Mr. Bartlett said fine, it's been six months so another
90 days would be no problem.
Commissioner DeLuna moved for a 90-day continuance and Mr.
Bagato said to move it to a date uncertain since they don't know
what that date will be and this issue would have to be re-noticed.
Mr. Ponder asked if they wanted to stipulate that the RV remain on
the property during this process. The Commission agreed. Mr.
Bartlett stated that if it goes away in 90 days it would be done.
ACTION:
It was moved by Commissioner DeLuna and seconded by Commissioner
Vuksic to move Case No. RV 09-074 to a date uncertain in response to the
applicants request to allow her time to sell the RV; RV to remain on property
during this process. Motion carried 7-0.
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8. CASE NO: PP 06-18
APPLICANT (AND ADDRESS): PATRICK YANG, 529 E. Valley
Blvd., Suite 228-A, San Gabriel, CA 91776
NATURE OF PROJECT/APPROVAL SOUGHT: Final approval of
plans for a four (4) story hotel, 88-unit hotel with restaurant and
related amenities; Candlewood Hotel.
LOCATION: 75-144 Gerald Ford Drive
ZONE: PCD
The Commission reviewed and discussed the construction plans for
Candlewood Hotel.
ACTION:
It was moved by Commissioner Vuksic and seconded by Commissioner
Touschner to grant approval of construction plans subject to: 1) A/C
equipment to be properly screened; staff to verify; and 2) review and
approval of landscape plans by the Landscape Specialist. Motion carried
5-0-1-1 with Commissioner Lambell absent and Commissioner Levin
abstaining.
B. Preliminary Plans:
None
C. Miscellaneous Items:
None
VI. ADJOURNMENT
It was moved by Commissioner Levin, seconded by Commissioner Touschner to
adjourn the meeting. Motion carried 6-0-1-0, with Commissioner Lambell absent.
The meeting was adjourned at 2:20 p.m.
TONY BAGATO
PRINCIPAL PLANNER
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