HomeMy WebLinkAbout2009-11-10 CITY OF PALM DESERT
ARCHITECTURAL REVIEW COMMISSION
MINUTES
November 10, 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 18 2
Chris Van Vliet X 19 1
John Vuksic X 19 1
Karel Lambell X 19 1
Pam Touschner X 15 5
Allan Levin X 14 2
Also Present
Lauri Aylaian, Director
Tony Bagato, Principal Planner
Kevin Swartz, Assistant Planner
Missy Grisa, Assistant Planner
Diane Hollinger, Landscape Specialist
Spencer Knight, Landscape Manager
Hart Ponder, Code Compliance Manager
Christina Canales, Assistant Engineer
Janine Judy, Senior Office Assistant
III. ORAL COMMUNICATIONS
IV. APPROVAL OF MINUTES: October 13, 2009
Action:
It was moved by Commissioner Levin, seconded by Commissioner Van
Vliet, to approve the October 13, 2009 meeting minutes. Motion carried
6-0.
V. CASES:
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A. Final Drawings:
1. CASE NO: PP 07-15/CUP 07-17
APPLICANT (AND ADDRESS): OAKMONT SENIOR LIVING LLC,
220 Concourse Blvd. Santa Rosa, CA 95403
NATURE OF PROJECT/APPROVAL SOUGHT: Approval to add a
pet park, bocce ball courts, and sidewalk to the fire lane and to
revise the landscaping to the approved site plan; Oakmont Senior
Living.
LOCATION: 73-050 Country Club Drive
ZONE: PR-7
Mr. Swartz presented the project and summarized the staff report.
The site was previously approved by the City Council for 121 senior
community care and healthcare units. The applicant is proposing to
add a sidewalk to the existing fire lane, a pet park, bocce ball
courts, and revisions to the landscaping. The addition of the
sidewalk has been preliminary reviewed by the Fire Specialist. The
sidewalk must be 6" thick with steel reinforcing, it must be able to
hold 80,000 lbs., and be flush with the desert landscaping. The
added pet park and bocce ball courts are located within the block
wall and are not visible from the street. Landscaping needs to be
removed and replaced to make room for the pet park and bocce
ball courts. The landscape plans have been reviewed by the
Landscape Specialist and she feels the new landscaping plan is
adequate.
The Commission reviewed the plans and discussed the
landscaping for the pet park and bocce ball courts. Mr. Spencer
Knight, Landscape Manager explained the plant materials and
suggested that they consolidate the planting area into one planter
adjacent to hardscape. Mr. Bagato stated that their major concern
was the street frontage for potential offset because of the trees and
massing of the buildings. They wanted to make sure that they had
some vertical landscaping in there from the Monterey/Country Club
perspective.
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ACTION:
It was moved by Commissioner Vuksic and seconded by Commissioner
Lambell, to grant approval subject to: 1) adjustment in planters for bocce
park; 2) addition .of two 60" ash trees in the pet park; and 3) sidewalk to
meet the Fire Department's requirements. Motion carried 5-0-1-0 with
Commissioner Gregory abstaining.
2. CASE NO: MISC 09-398
APPLICANT (AND ADDRESS): XENOPHON DEVELOPMENT,
47-777 El Agadir, Palm Desert, CA 92260
NATURE OF PROJECT/APPROVAL SOUGHT: Final approval to
build a new residential home and garage over the required 35% lot
coverage allowed in R-1 zones.
LOCATION: 73-605 Pitahaya
ZONE: R1
Mr. Swartz presented the project and summarized the staff report.
This home is horizontally profiled in mass with a rectilinear flat roof.
The highest roof dimension would be at 13', layering down to 10'.
The applicant proposes to construct a 3,105 square foot residential
home including a 519 square foot garage. The lot is 7,175 square
feet. Maximum building site coverage for this zone is 35%. The
total site coverage for the proposed home and garage is 44%.
Section 25.16.080 of the City's municipal code allows the lot
coverage to be increased to 50% subject to Architectural Review
Commission (ARC) review and approval. Items for ARC
consideration are building setbacks and compatibility with the
neighborhood. The proposed home meets all building setbacks.
Many of the other homes in the neighborhood meet the 35% lot
.coverage. Staff feels that the proposed home at 44% lot coverage
is compatible with the neighborhood. The proposed home will
visually enhance the aesthetic quality of the existing neighborhood.
At its meeting of October 13, 2009 the ARC reviewed this project.
The Commission generally supported the design, but had a few
comments. The ARC requested that the applicant provide a
detailed roof plan showing the location of the condensers. There
was discussion regarding setbacks. Since that meeting, staff has
granted the applicant an adjustment to the side yard setbacks, as
provided for by 25.16.090 of the Palm Desert Municipal Code. Staff
recommends approval of the proposed home at 44% lot coverage.
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The Commission reviewed the roof plan and discussed the HVAC
units and ducting system. Mr. Tom McArthur, applicant indicated
that it would not be a split system and the condensers would not be
on the ground.
Commissioner Van Vliet asked about the parapets on the roof and
said the details looked odd sticking up 12", stopping, and then the
center portion slopes off. He wondered why the architect wouldn't
just continue the parapet around it and put internal roof drains on it.
He felt the detailing was insufficient and reminded the Commission
that at the last meeting the applicant indicated he would eliminate
the metal and stucco it. Mr. McArthur stated that he could do that.
Mr. Bagato informed the Commission that if they have concerns
with the plans they can request that the applicant submit
construction drawings prior to getting permitted.
The Commission discussed the side yard setbacks and Mr. Bagato
stated that they have already approved some minor adjustments to
comply with code. Commissioner Gregory asked if the Commission
felt comfortable that the applicant has addressed the issue of non-
conformance to site coverage. Commissioner Van Vliet stated that
he wasn't bothered by the coverage, he was bothered by the
architecture of the house and that it be detailed properly.
Commissioner Van Vliet stated that the revisions were fairly
significant and said that they could change the roof parapet and
have it continue all the way around with internal roof drains. He
asked Commissioners Vuksic and Touschner for their comments
from an architectural standpoint. Commissioner Vuksic said with
that detail it does need to be carried around to all four sides to
close the form. He said that the roof plan was not drawn correctly.
Commissioner Touschner said that it doesn't match the elevation
and recommended that the applicant submit a clear roof plan.
Mr. Mike Mendoza, architect arrived late to the meeting and
Commissioner Van Vliet informed him that the Commission was
concerned with the parapet. The Commission and the architect
reviewed and discussed the roof plan. Commissioner Vuksic
explained to the applicant that the Commission reviews it from an
aesthetic point of view and the roof plan was difficult to read.
Commissioner Van Vliet again stated his suggested to continue the
parapet up 12" and putting internal roof drains in there. Mr.
Mendoza said that he can make the changes to the parapet and put
roof drains on each of the corners to make it more uniform all the
way around.
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The Commission reviewed and discussed the enclosure screen
around the parapet and suggested it be removed because it wasn't
aligning with anything. Commissioner Vuksic was looking at the
right side elevation and all three forms and said that the architect
may want to integrate that form into the roof line.
Commissioner Vuksic asked how the ducting would get from one
side of the house to another. Mr. Mendoza said that there are drop
offs in the soffits inside the building. Commissioner Touschner
asked the architect to consider other options, for instance having
the HVAC more centrally located. Commissioner Vuksic explained
to Mr. Mendoza that the ducts cannot go on the roof and Mr.
Mendoza said that everything would be concealed.
ACTION:
It was moved by Commissioner Vuksic and seconded by Commissioner Van
Vliet, to grant approval subject to: 1) parapet detail be carried around to all
four sides with internal roof drains to enclose the form; 2) plaster fascia; 3)
integrate mechanical equipment into the tallest mass of the house and be
finished with plaster rather than metal; 4) access door for roof finished the
same with plaster and flush with the plaster; and 5) staff to approve
construction drawings. Motion carried 6-0.
3. CASE NO: CUP 09-236
APPLICANT (AND ADDRESS): OMNIPOINT
COMMUNICATIONS, INC., A Subsidiary of T-Mobile USA, Inc.,
3257 E. Guasti Road Suite 200, Ontario, CA 91761
NATURE OF PROJECT/APPROVAL SOUGHT: Final approval of
a new 55' high monopalm T-Mobile telecommunications facility
consisting of six panel antennas, two GPS antennas, one emergency
generator, one parabolic antenna, six BTS radio cabinets, coaxial
cable running from the antennas to the BTS, power and telco utility
connection.
LOCATION: 47-900 Portola Avenue
ZONE: P.D.
Ms. Grisa presented the project and summarized the staff report.
She stated that this application was presented at the last ARC
meeting for a 55' tall monopalm in an area inside of The Living
Desert. The area the applicant is leasing is located just east of
Portola Avenue sized at 13' by 34' totaling 442 square feet
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surrounded by a block wall covered in stucco to match the adjacent
buildings. The applicant is proposing the new monopalm to
coincide with five new live palm trees at the heights and quantities
of one at 30', two at 35', one at 40', and one at 45'. The 45' tree
and one 35' tree would be immediately adjacent the proposed
mono-palm with the other trees located across the dirt road
adjacent to the proposed facility. This project was approved with
conditions at the last Architectural Review Commission (ARC)
meeting and is now returning for review due to the fact that the tree
arrangement did not meet the applicant's objectives regarding
cellular signal.
Staff's main concern with the height of this mono-palm is the ability
to disguise the structure due to its proximity to residential areas and
the ability to blend the mono-palm in with the existing natural
environment. The new layout proposed illustrates two trees near
the mono-palm and three trees on the other side of the dirt road
adjacent the facility. This layout disguises the mono-palm as one
would view it from the west, but staff still has concerns regarding
the views and ability to disguise the mono-palm driving north or
south on Portola with such a large spacing between the proposed
live trees. Staff has noted several discrepancies in the noted
heights of these live mono-palms between the working drawings,
landscape plans, and photo simulations. These would all need to
coincide correctly before moving on to Planning Commission. Staff
has confirmed the heights of these trees with the owner's
representative; the five live palms are at the heights of 45', 35', 40',
35', and 30'. The last concern with this new set, along with the
previous drawn elevations of the mono-palm, is how the palm frond
head relates to the trunk of the tree. The mono-palm frond head
appears to be dropped below the top of the tree trunk. Staff is
concerned with how the antennae height that needs to be achieved
will relate to the palm frond head as it appears on the drawings.
The owner's representative confirmed that this detail will need to be
modified, but in turn it appears as though the antennae would need
to be moved further down or the palm frond may go beyond the
approved 55' height.
Staff has determined that the proposed monopalm would be
compatible with adjacent properties with the approval by the
Planning Commission to waive the separation requirement of 300'.
Currently the monopalm is roughly 268'-1" from the nearest
residence. The 55' height meets the standards in Municipal Code
Chapter 25.104 Commercial Communication Tower and
Commercial Antenna Regulations. With regard to landscape
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requirements, the City's Landscape Specialist has not given
preliminarily approval of the landscape plant materials, but
recommends that the plans meet all planting and irrigation design
requirements prior to obtaining construction permits. In order to
assure the most preferred and efficient outcome plans should
receive preliminary approval from the City's Landscape Specialist
prior to the Planning Commission hearing. In addition to a
landscape plan, grading and pad elevations for the proposed
improvements will be required to be reviewed and approved by the
Department of Public Works.
The Commission reviewed the plans and discussed the height and
the separation of the palms. Ms. Grisa presented photos of another
monopalm grove located in the city and stated that the trees are all
directly in line with the palm fronds and antennae, which don't seem
to be a problem. T-Mobile thinks that these trees located
immediately adjacent to their monopalm is going to obstruct the
signal and decrease coverage area.
Commissioner Touschner drove by St. Margaret's and said that it is
successful because there is such a medley and separated. The
two monopoles are clearly higher than everything else but because
there is such a variation it just blends in and you don't notice it.
Commissioner Vuksic stated that having one in the northwest
corner would give it some transition back from the high tower.
Commissioner Lambell felt that two of the palms looked
disconnected from the monopalm and thought there must be a way
for those two not to be so far away. Commissioner Gregory
suggested adding one more 30' palm to the northwest corner and
when they are planted the Landscape Specialists can observe the
work and adjust it if need be.
Ms. Grisa had a concern with the trunk of the tree with how it goes
up to the top of the monopalm. The fronds have been dropped
below it so it looks odd because they are trying to get the top
antennae as high as they can and she was concerned that they
would either have to lower the antennas to make that look correct
or they would actually have it built this way. Ms. Monica Morreta,
representative stated they can place another 30' high tree closer to
the site. In regards to the elevation views, the actual height of the
pole will be 45' with a separation of 5' between the pole and the
fronds. The antennas will be at 43' because the antennas are
inside the pole. The trunk of the palm will end at 45' and the fronds
will be 10' above the tallest point of the pole; which is 55'. Her
engineer stated that he wanted to have at least a 5' separation so
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the antennas would be placed at the highest point which will be 50'.
The overall height of the monopalm is 55' and the overall height of
the pole is 50'; which is an overall separation of 5'.
Mr. Spencer Knight, Landscape Manager stated that one of the
things that make St. Margaret's successful is that it is not all date
palms. The only date palm is the cell tower and the rest are fan
palms. The mass of the fan palms pull your eyes away from the
cell tower because it creates a heavy mass below it. One of the
difficulties with other cell tower installations that use date palm
leaves is when they use other date palms, it just doesn't carry the
same aesthetic value that St. Margaret's does. Commissioner
Gregory said if the lower live palms were date palms he didn't think
it would make any difference because they would still get all the
massing. He said that what was important was that the tree
distracts people's attention and that he didn't have a problem going
with Washingtonian hybrids.
ACTION:
It was moved by Commissioner Gregory and seconded by Commissioner
Vuksic, to grant approval subject to: 1) adding one additional 30' palm tree
on the NW corner; 2) real palms should be Washingtonian hybrids and
actual height should be brown trunk foot; 3) tower needs to match the
appearance of the monopalm at St. Margaret's and monopalm should
remain shown as a date palm; 4) accurate layout of the palms need to be
presented to staff for approval; and 5) staff to monitor the installation of the
palms to ensure proper placement. Motion carried 6-0.
4. CASE NO: SA 09-400
APPLICANT (AND ADDRESS): VINEYARDS DEVELOPMENT,
9777 Wilshire Blvd Suite 918, Beverly Hills, CA 90212
NATURE OF PROJECT/APPROVAL SOUGHT: Final approval to
construct four entry monument signs; Vineyards.
LOCATION: 37-600 College Avenue
ZONE: PR-5
Mr. Swartz presented the project and summarized the staff report.
He stated that when first submitted the proposal was for four entry
monument signs, but since that time the applicant has deleted one
along College Drive. The landscape plans have been approved but
since the corner will not be touched, the plans need to go ahead
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with what was originally approved and be re-stamped prior to
getting building permits.
One sign will be located along College Drive at the main entrance,
another on Cook Street and a third one along Frank Sinatra Drive.
Currently, there are no monument signs located at this site. The
monument sign located along College Drive is 4'-2" to the top of the
concrete cap. The monument signs are angled stacked stone
painted to match the existing palette with signage on the corner.
The signage is a metal bronze plaque externally illuminated. The
bronze plaque is V-8" x 5-5". The plans that were provided show
two plaques, but the applicant is only allowed one plaque per
monument sign. The monument signs on Cook Street and Frank
Sinatra Drive are also 4'-2" to the top of the concrete cap, with a
length of 8'-8". The monument signs are stacked stone painted to
match existing palette. The signage is a metal bronze plaque
externally illuminated.
The Commission reviewed and discussed the plans. Commissioner
Touschner questioned the small font size for "luxury rentals" and
asked if people would be able to see that and felt it be removed
because if people can't see, then why have it. Mr. Jim Cross,
representative thought it would serve to fill space.
Mr. Cross proposed all three signs to be like Sign type C, which is
basically a simple wall with the double-sided plaque on each side.
He was certain that his client would agree that it is better to have
visibility coming from both directions as opposed to just one. Then
there would be three that are the same. They would use typical
CMU and after adding stone on each side the wall would be about
10" and the cap would be out to 12". He preferred that the plaque
be recessed into the wall, not all the way back, but pushed back to
the lowest point of the varied heights.
Commissioner Van Vliet wanted to know the thickness of the cap
detail and Mr. Cross stated that it was about 3 to 3.5 inches and
said that they would try to duplicate some architectural details on
site. Commissioner Vuksic questioned the width of Sign C and felt
that they should use 12" block with manufactured stone because it
was quite a large monolithic mass which needs thickness. Mr.
Cross agreed.
Ms. Diane Hollinger, Landscape Specialist suggested that a revised
landscape plan be brought back for her review regarding the corner
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of College Drive because there may be an opportunity to add more
landscaping in that area.
ACTION:
It was moved by Commissioner Vuksic and seconded by Commissioner
Lambell, to grant approval subject to: 1) the only sign to be used is Sign C
with bronze plaques on both sides and used in the three locations as
described; 2) 12" thick concrete block used to construct the sign and clad
with manufactured stone as shown; with a cap 3" to 4" thick; and 3) revised
landscape plans to match approved plans and reviewed by the Landscape
Specialist. Motion carried 5-0-1-0, with Commissioner Gregory abstaining.
5. CASE NO: MISC 09-427
APPLICANT (AND ADDRESS): JERRY GAYLER, 73-580
Ironwood Street, Palm Desert, CA 92260
NATURE OF PROJECT/APPROVAL SOUGHT: Final approval to
convert an existing guesthouse into a second unit by adding a
kitchen.
LOCATION: 73-580 Ironwood Street
ZONE: R1-20,000
ACTION:
It was moved by Commissioner Touschner and seconded by Commissioner
Vuksic, to grant approval. Motion carried 6-0.
6. CASE NO: RV 09-338
APPLICANT (AND ADDRESS): ALBERT LEWIS, 74-339 Chicory
Street, Palm Desert, CA 92260
NATURE OF PROJECT/APPROVAL SOUGHT: Final approval to
park an 8' high RV in the front yard behind a proposed 6' high block
wall and a cor-ten steel gate.
LOCATION: 74-339 Chicory Street
ZONE: R1
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ACTION:
It was moved by Commissioner Levin and seconded by Commissioner
Lambell, continued Case No. RV 09-338; applicant not in attendance.
Motion carried 6-0.
7. CASE NO: RV 09-444
APPLICANT (AND ADDRESS): KEN STENDELL, 73-110
Ironwood Street, Palm Desert, CA 92260
NATURE OF PROJECT/APPROVAL SOUGHT: Final approval to
park a RV in the side yard behind a 6' high block wall and a gate
LOCATION: 73-110 Ironwood Street
ZONE: R1-20,000
Mr. Swartz presented the project and summarized the staff report.
The applicant is seeking approval to entitle the right to purchase
and store a 40' motor home, 12' in height on his property in the
future. The RV will be located on the west side of the property, 5'
from the property line behind a 6' block wall and gate on the side
yard behind the front of the dwelling unit. The RV will be next to an
existing patio and a 48" box tree. There is an existing secondary
driveway that will provide access. There is an existing 6' block wall
with hedges that extend 13'. The applicant's lot is large enough to
accommodate an RV. The RV is located on the side yard screened
from adjacent neighbors. Palm Desert Municipal Code, Chapter
8.40, Recreational Vehicles on Private Property, states the
measurement of a RV shall not exceed 12' in height, which this RV
falls under as measured to its highest point of 12'. 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 adequate as the
RV exists in the current photographs. No public comments have
been received prior to the writing of the staff report in response to
the mailed legal notice to property owners within 300' of the
applicant's property.
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The Commission reviewed the site plan and photos.
Commissioner Levin asked how high the gate was and Mr. Ken
Stendell, applicant stated that it was about 4'. Commissioner Levin
recommended that the gate height be increased to 6 .
The Commission reviewed the landscape screening materials.
Commissioner Van Vliet was concerned with the age and condition
of the oleanders and Mr. Swartz stated that the oleanders were a
part of the conditions of approval for the neighbors RV. As part of
the approval, the neighbor maintains the oleanders and if they were
ever torn done or were to die, he would replace them with another
hedge. The Commission discussed the amount of room on the side
yard for appropriate screening. Commissioner Gregory stated that
the applicant would need at least 6' for a serious hedge.
The Commission asked how the RV screening would be monitored
and Ms. Grisa said that Code Compliance would probably check
their RV list annually. Ms. Aylaian stated that most frequently it is
complaint driven where the neighbors call and complain. Mr. Frank
Taylor, resident of Palm Desert had an issue with the shrubbery
being hard to maintain and said when it dies or it's removed it puts
pressure upon the City staff for enforcement purposes.
Commissioner Vuksic felt the lot was big enough to store the RV;
which is not always the case. The house is angled on Ironwood
and because of that it opens up that side yard. He realized that if
the applicant places a motorhome anywhere near the gate or wall
it's going to stick out. He thought this could be mitigated by parking
the RV further in the back, not near the gate with more screening in
that area as you head west on Ironwood. Mr. Stendall stated that
he will be putting in a 6' gate and creating some sort of arch over
the top to get a little more height. He stated that he has not
purchased the RV as of yet and said that he agrees to conditioning
this approval for fence and gate height, and to have continuous
screening on the side property line to the adjacent property line.
Commissioner Touschner asked if the applicant could build a
garage and Mr. Stendall stated that the setbacks would not allow
for a garage.
Commissioner Lambell made a motion for approval subject to the
RV being no less than 10' behind the patio; landscape on
applicant's side (east side of property) to hide RV; installing a 6'
gate and fence; and supplemental landscape in the front.
Commissioner Vuksic seconded.
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The applicant and the Commission discussed parking the RV
further back into the property and additional landscaping on
Ironwood and Shadow Mountain. Commissioner Touschner
suggested that the RV be no less than 35 feet from the gate.
Commissioner Levin recommended that it be 40 feet from the
corner of the house, not the gate. Commissioner Van Wet felt that
from the Shadow Mountain side the RV can be seen. Mr. Stendall
stated that he planted caliandra on the inner wall which would grow
2' to 3' above the wall height. Commissioner Gregory thought that
a provision could be included that foliage could be added to prevent
a view from Shadow Mountain. The Commission discussed the
height of the screening materials.
Commissioner Lambell amended her motion to add supplemental
landscaping in the front on Ironwood and additional foliage to
prevent a view from the Shadow Mountain side; the RV is no less
than 40' from the corner of the house; and screening height to be
12' on property line. Commissioner Vuksic seconded.
Mr. Stendall said that the ordinance states that the screening height
is 75% of the height. Mr. Bagato said that the current ordinance
states adequately or substantially screened and staff is proposing
75% with the revised ordinance. Commissioner Lambell stated
that the Commission is recommending that adequately screened is
100%. Commissioner Vuksic stated that they have to word this
carefully in case the applicant sells the property. Mr. Bagato
explained that the permit is for the current owner and does not
transfer to the new owner. Commissioner Levin stated that if it
does not meet whatever the future ordinance is it stays with the
current owner, but then it gets lost in the property sale. If it meets
the future ordinance then it can carry over as long as they have the
same size motorhome and would require a separate approval. Ms.
Aylaian stated that this request is coming in under the existing
ordinance and Mr. Bagato stated that this approval would be
grandfathered in whether he was meeting it or not.
ACTION:
It was moved by Commissioner Lambell and seconded by Commissioner
Vuksic, to grant approval subject to: 1) RV to be no less than 40' from the
corner of the house; 2) landscape on applicant side (east side of property)
to hide RV; 3) installing a 6' gate and fence; 4) supplemental landscaping in
the front on Ironwood and additional foliage to prevent a view from the
Shadow Mountain side; and 5) screening height to be 12' high on property
line. Motion carried 6-0.
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B. Preliminary Plans:
1. CASE NO: PP 09-918
APPLICANT (AND ADDRESS): PALM DESERT
REDEVELOPMENT AGENCY, 73-510 Fred Waring Drive, Palm
Desert, CA 92260
NATURE OF PROJECT/APPROVAL SOUGHT: Preliminary
design review: CASEY'S RESTAURANT.
LOCATION: 42-455 Washington Street
ZONE: P.C. — 2
Ms. Grisa presented the project and summarized the staff report.
Conceptual drawings were reviewed by the ARC on July 14, 2009.
Minor comments regarding roof top screening structures, tree
placement adjacent to parking, and the front business doors were
addressed and the revised proposal is here for preliminary design
review. The improvements on the lot west of Casey's were recently
demolished. At one time this was motel/hotel use and was
converted in recent past to studio apartments. The structure was
dilapidated and run down; the Palm Desert Redevelopment Agency
purchased this property and demolished the dilapidated structures.
A portion of this old structure, a manager's office, sits on the
Casey's restaurant site connected to the restaurant by a pass
through roof structure. This connecting motel/manager's office will
be demolished to create a better site layout and parking plan for the
existing Casey's Restaurant site. Demolition work will include
existing wooden fencing, old signage, and the existing corner yard
wall. The new layout and site improvements consist of a revised
parking layout, tree planters within the parking lot to meet the
shade tree ordinance, new yard walls to create curb appeal, trash
enclosure relocations, a revised fire access route, HVAC screening
structures, and the incorporation of ADA site requirements. Revised
site lighting includes parking lot lights, bollards, and sconces as
illustrated in the proposed plan. Landscaping has been redesigned
and increased to nearly reach the 15% requirement. Plans have
been reviewed by the landscape specialist, and minor comments
have been addressed in this new submittal.
Staff believes that the design has achieved the optimal layout
considering the existing site and building constraints. Various
submittals have been reviewed by staff to help the applicant meet
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the current requirements for parking spaces, commercial
landscaping coverage, parking lot tree shading, fire access, HVAC
screening, setbacks and various other zoning and ordinance
requirements. Staff believes the designs illustrated significantly
improve the appearance of the existing building and site
modifications while adhering to the City of Palm Desert
requirements as best they can, given the existing constraints.
The Commission and the applicant Mr. Reuel Young, Architect
discussed the changes. Commissioner Touschner recommended
beefing up the bollards and consider making them into a concrete
bench. Ms. Grisa indicated that the parking lot lighting standards
need to be reviewed in relation to tree locations.
ACTION:
It was moved by Commissioner Van Vliet and seconded by Commissioner
Lambell, to grant approval subject to 1) beefing up the bollards; and 2)
reviewing light standards in relation to tree locations. Motion carried 5-0-0-1,
with Commissioner Levin absent.
C. Miscellaneous Items:
1. CASE NO: PP 09-154
APPLICANT (AND ADDRESS): ROGER SNELLENBERGER,
P.O. Box 13990, Palm Desert, CA 92255
NATURE OF PROJECT/APPROVAL SOUGHT: Discussion of
conceptual design of a 7,924 square foot residence; ROGER
SNELLENBERGER.
LOCATION: 628-120-005
ZONE: H.P.R
Mr. Swartz presented the project and summarized the staff report.
The property is located in south Palm Desert in the hillside located
on South Cliff Road. The proposed home is located on a 5.03 acre
site on an existing ridgeline, which is prohibited per Palm Desert
Municipal Code Chapter 25.15.030 Development Standards.
Currently, there is an existing graded pad, which the applicant
believes was graded in the 1950's. The applicant stated that the
graded road and pad have legally existed since 1958 according to
Riverside County records. The wood structure on the graded pad
legally existed from 1958 until 1994 when it was accidentally
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destroyed by a fire. The applicant disagrees with staff's analysis of
the location of the ridgeline. Palm Desert Municipal Code Chapter
25.15 Hillside Planned Residential District was adopted in 2004.
The purpose was to encourage minimal grading in the hillside areas
that relates to the natural contours of the land, and to avoid
extensive cut and fill to the slopes that result in a padding or
staircase effect. It was also created to encourage architecture and
landscape design which blend with the natural terrain, and to retain
and protect undisturbed viewsheds, and natural landmarks.
The density for the zone is one unit per 5 acres. The maximum
dwelling size which includes total dwelling, garage and accessory
structures shall not exceed 4,000 square feet. The proposed home
is a 3,962 square foot residence including an additional 3,962
square feet of subterranean floor. The home is 14' from finish floor.
There is an exception process for any home exceeding 4,000
square feet, but must be approved by the Planning Commission
and City Council. The architecture is designed to initiate minimal
grading that relates to the natural contours of land, while avoiding
extensive cut and fill slopes. The architecture and landscape
design blends in with the natural terrain, while retaining and
protecting undisturbed viewsheds, natural landmarks and features
including vistas and natural skyline. The lower floor is deliberately
subterranean, and the remaining above-ground building is at 14' in
height. The elevations are shielded from view by a combination of
berming, and the application of native rock materials for elevation
and roof treatments. The proposed home incorporates viewshed,
topography, color, texture, and structure profiling. The applicant
has submitted a site plan, elevations, floor plan, and perspectives
from Haystack, Mesa View, and Grapevine Street. Mr. Swartz
pointed out that the applicant has made some changes to the
elevation that the architect will address.
Mr. Barry Berkus, Architect presented free-hand sketches of the
home to show the sculpture of the house. He presented the plans
and explained to the Commission that the house is really just
building the hill back, that it is not a ridgeline situation and cannot
be seen from Highway 74. He addressed the hill in both directions
and how the architecture becomes the ridge. They built a 3' berm
around the edge of the property and as you come down the hill the
house will disappear. The land coverage is correct and all the dirt
is staying on the lot so they are not disturbing the neighborhood
and this is by far the least intrusion of almost anything on the hill.
He feels they have done a fairly intensive job at figuring out how not
to see the house and how to end up giving the owner some view.
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Mr. Berkus discussed the roof and explained that the texture of the
hill was repeated on the roof with rocks and boulders to carry the
architecture across the top of the berm. Commissioner Gregory
asked if the applicant used rock on the roof because it may be
construed as a ridge situation. Mr. Berkus understood from staff
that the ridge is a sensitive issue and they would rebuild that ridge
so there is a continuance of the natural landscape around the site.
Ms. Aylaian clarified to the applicant that the ridge is not a sensitive
issue; the ridge is a prohibited issue according to code. The desire
to naturalize and keep it blending in to the site is because 4,000
square feet is the largest house size you can build unless you get
an exception. The exception says you have to meet with the intent
of the ordinance which is to minimize the import and export of the
cut and fill and it has to blend with the natural terrain to the greatest
extent possible. Mr. Swartz pointed out that the undisturbed area
cannot be more than 10,000 square feet and the applicant shows
11,000 square feet. Mr. Sagato pointed out that they are asking for
two exceptions and said that when staff did the ridgeline map this
showed the ridgeline, but the applicant has the argument that it was
already graded at one point. However that doesn't mean that it was
really a ridgeline even when it was graded back in 1958. Basically
to get our support they have to create a rehash line on the ridge but
again we are saying it is prohibited on the ridgeline and whether or
not the City Council will approve it is their call. He pointed out that
the plans are presented to the Commission for conceptual approval
only so the applicant is here only for comments. A motion is not
needed because it cannot be preliminarily approved because staff
is waiting for an environmental report and revised grading plans.
Commissioner Touschner stated that it was a great plan and felt
that it was an interesting project. She thought it can be pulled off
by placing rock on the roof but had a concern that it will still look
kind of different from the ridge. She discussed the roof in regards
to color and size and the big out cropping of rock and said that
there is also little pebbly dirt. Mr. Berkus thought they could do a
300 pound pebbly roof and introduce the rock in random places and
not have as many boulders. Commissioner Touschner suggested
they submit a bigger aerial so the Commission could get a better
sense of the pool and cabana area.
Commissioner Levin asked about the lighting. Mr. Berkus stated
that dark sky is something they will work with and it will probably
end up with dark sky lighting throughout even the outside lighting.
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Mr. Berkus stated that with the berm it doesn't make it possible to
seethe dining room light and they are using non-glaze windows.
Commissioner Vuksic felt this was going in the right direction and
understood the concern with the copper roof and if it's not going to
be clearly different then it needs to go away. They need to be
careful about introducing large rocks so it doesn't look like a large
vaulted form with rocks on it. He asked to see more detail on the
end of the house to see how that is articulated and pointed out that
the details are going to be important there.
Commissioner Vuksic advised the applicant to model the rendering
in 3D with the terrain so they can move around it and make it easier
for the Planning Commission and City Council to understand how
the house relates to the hill, as well as what you actually see or
what you don't see from down below. Commissioner Vuksic stated
that their goal isn't to show how great the hou:,e looks; it's to show
how you don't see the house. He also said to make sure that when
they model the house that they show the mountain behind it.
Commissioner Vuksic stated that they need to depict the glass
more accurately because it is showing as the same color as the hill.
He pointed out that the glass will be darker because of the big
overhangs. He understands that the house will go away farther
down the hill, but the applicant needs to be careful that they depict
it accurately so everybody knows what they are going to get
because you don't want to represent something this is going to
actually look different.
Commissioner Levin asked if they had to get a water quality plan
and Ms. Christina Canales stated that they are. Mr. Doug Wilson
thought this report was needed prior to Planning Commission and
Mr. Swartz stated that staff will need to see the report in order to
put conditions on the project prior to Planning Commission. Mr.
Berkus stated that the initial study is basically finished but there are
three items of soils that have to be answered; which will be taken
care of within a couple of weeks.
ACTION:
The Commission recommended: 1) providing detailing for the rock material;
2) newer elevations need to be softer; 3) providing more detail on the end of
house; 4) accurately depict glass; 5) provide a 3-D model of home including
terrain and mountain behind; and 5) provide a grading plan. No action was
taken — conceptual review only.
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2. NATURE OF PROJECT/APPROVAL SOUGHT: Discussion of
and recommendation to the City Council regarding the revised
Recreational Vehicle Ordinance.
Ms. Grisa presented an update on the Recreational Vehicle
Ordinance. Staff requested three new members join the
subcommittee, and the meeting was held on October 21, 2009 to
discuss the proposed standards. The subcommittee discussed
opinions in favor of and opposition to the proposed ordinance
amendments. Discussions continued on reductions in the setback
requirements for larger RVs in side or rear yards, but no clear
agreement between parties in favor of or opposition to parking
vehicles on private property was reached. There seemed to be a
split opinion regarding the matter and it was agreed that staff would
do further research to evaluate side and rear yard setbacks in
relation to parking RVs. During this meeting it was made clear that
the subcommittee agreed RV's parked within street side yards
would need to be parked behind the side facade of the house, as
was defined in the front yard parking procedures. Staff has
researched various City standards and found it difficult to quantify a
specified dimension to park a RV away from the property line. Many
cities have arbitrary standards and parking locations are
determined through a discretionary review process. Staff then
consulted with the landscape division and determined that sufficient
landscape space for proper growth and screening of a RV would
necessitate a 6' dimension. Staff has incorporated new language
into the ordinance that requires moving large RVs from street side
yards to a location behind the side facade of the residence; reduces
setback dimensions to 6' away from the property line for vehicles
measuring 7' to 12' in height; provides emergency egress from
residences; and eliminates the exceptions procedures language.
Staff believes these revisions will provide the necessary standards
for staff and the ARC to process each request to park RVs on
private property uniformly. These new revisions will further enhance
and preserve the community's appearance.
Mr. Gene Poe, resident stated that he has always conformed to
regulations for parking his RV and pointed out that since the City
and the state are pushing for earthquake preparedness he and his
family look at the RV as a shelter and a way to have a safe place to
go that has water, power, and electricity with the use of a
generator. He explained that his property is a large lot and the RV
is parked out of the way. He agrees that RVs should not be located
in the front yard. He expressed his concern about finding storage
for his RV in these hard times and thinks this is not fair. He
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assumed that he would be grandfathered because he's been at his
location since 1975. Mr. Poe agrees with a lot of the issues but
feels that it is stepping on personal property, especially when
people buy a motorhome that conformed to the laws at the time.
He thought it should be okay for homeowners to have RVs on their
own property as long as it is out of the way. Fie presented photos
of his property with an RV and mentioned that it is not blocking
anyone's view and feels that he is not disturbing anybody.
The Commission and Mr. Poe reviewed and discussed the photos,
setbacks, and screening. Commissioner Gregcry asked if he had a
permit and Mr. Poe said that he never needed to have one. Mr.
Bagato stated that with the old code if you were: in the side yard or
behind a wall you were approved and didn't need a permit. He
stated that Mr. Poe would now be grandfathered in, but after he
sells his property the new homeowner would not be grandfathered
because it would not meet the current code because it would not be
possible with a 6' setback.
Staff explained how ordinances impact property rights; how high a
house can be and where the setbacks are. That is the whole
purpose of what zoning is and over time things change. The City
has become more organized and people are trying to put the same
RVs on the property which creates a visual concern to this
Commission, to the citizens and some of the City Council members.
The City Council as a whole doesn't say they want to get rid of RVs
all together so that is why we are looking at some restrictions and
as a compromise we feel that 6' of landscaping is a good way to
screen and that someone has adequate space for an RV.
Mr. Poe stated that he didn't want to change when he already
conforms to the current ordinance. The Commission told him that
he wouldn't have to change; he would be grandfathered in. Mr.
Poe asked how that would be done and Mr. Bagato stated that after
the ordinance is approved staff will go through the City-wide
inventory and handle it case by case. Code Enforcement has
already gone out and is taking pictures of each RV and has records
of ones that have already been approved and records of the old
ones that just met the code. He told Mr. Poe that he will probably
receive a letter informing him that he has been grandfathered in
and said that once you sell the property the new owner doesn't get
that same right.
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Ms. Aylaian discussed the 75% screening and said that Mr. Poe's
RV looks short enough and the 6' high fence between the two
properties cover them for having up to a 9' tall RV;. so they wouldn't
have to install any landscaping under the proposed ordinance. Mr.
Bagato said the proposed code says if it's 7' or shorter you can be
right up to the fence without additional screening. Ms. Aylaian said
it also says you have to screen 75% of the height and asked if the
fence or wall on the property line count as that screening. Ms.
Grisa said yes but it is supposed to be set back the distance. Ms.
Aylaian said so you would have to have the setback but you don't
have to put in landscaping and Ms. Grisa said if it's only 9' tall with
a 6' screen that is 75%.
Mr. Brian Poe, resident described his property and was concerned
that he wouldn't get the permits that he needs because his house
was so far set back on the property. He has a 6' wall surrounding
his property and parks his RV in the front. He asked what happens
in this case when there is no room in the back of the property.
Commissioner Gregory said that it would be an exception and
Commissioner Van Vliet stated that he would have to landscape it.
Ms. Grisa indicated that the exception process was removed during
the sub-committee meetings and City Council made it clear that
they wanted exceptions to be very narrow and they didn't want to
see any exceptions in the front yard. Staff felt that by taking it down
to 6' an exception isn't needed. Mr. Bagato said that in this case
where there is such a large front yard, technically they can build a
detached garage.
Mr. Frank Taylor, resident referred to the comment made earlier
regarding earthquake preparedness and stated that people can still
store their vehicles off site and use them in case of an earthquake.
Mr. Taylor stated that the committee has done a great job refining
the ordinance as a whole and mentioned a few items that were of
concern to him. The first issue was with grandfathering people who
will then start moving things in to get past the new ordinance. He
went on to address certain sections of the proposed ordinance.
He had a few concerns with the proposed ordinance. In Section
8.40.050 - A, he suggested that the word carport be removed. He
felt that when you talk about screening the carport area people will
come up with ideas to screen and then very soon it will come down
and we are stuck with blight in the area. In Section 8.40.050 -5
regarding permanent shrubbery, he asked if it will it be grown to the
12' height or will the homeowner have to provide a shrubbery that is
already 12' in height. He thought it should be conditioned that it
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has to be up to that height before they can move the RV in. In
Section 8.40.050 - 6.D.1 he felt this should be thrown out of the
mix. He didn't like the idea of anything parked in the front yard. It
should be made clear to the residents that nothing can be in the
front yard and that it will be behind one of the facades of the house.
In Section 8.40.070 — F regarding temporary parking permit
procedures he said that at the City Council meeting residents were
talking about parking their RVs at their home to load or unload them
throughout the weekend. However this can end up parked for
several days instead of 72 hours. He suggested that a time frame
be included in this section. He thought there should be a time
frame included in Section 8.40.090 regarding the temporary
charging of a battery and filling holding tanks.
The Commission and Mr. Hart Ponder, Manager Code Compliance
discussed the temporary permit for loading and- unloading. Mr.
Ponder stated that obtaining a temporary permit for 72 hours has
always been in the code. They further discussed the issue of
actively loading and unloading the RV.
Ms. Grisa asked if the Commission would still like all RV
applications to come through ARC and Commissioner Levin
thought that if it complies with the ordinance in staff's opinion it
didn't have to come through ARC. Commissioner Van Vliet said
that if it is specific enough they didn't have to see them, but he had
an issue with the 75% screening and felt that it should be 100%.
They continued to discuss the landscaping screening.
Ms. Grisa pointed out that views are not protected and stated that
staff has to look at how these RVs can be screened if people were
to put them in the rear or side yards. Mr. Bagato explained the
reason staff removed the exception process was because we were
getting away from a subjective code to a more defined code, but if
we put in exceptions then people won't meet the codes and then
we are back to a subjective ordinance.
The Commission discussed the screening height and percentage of
coverage and recommended that at the time of planting installation,
a minimum of 75% of the height is required to screen the RV and
the plant selection must be capable of growing to the full height of
the proposed recreational vehicle.
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ACTION:
It was moved by Commissioner Levin and seconded by Commissioner
Lambell, to recommend approval to the City Council subject to: 1) at the
time of planting installation, a minimum of 75% of the height is required to
screen the recreational vehicle; and 2) plant selection must be capable of
growing to the full height of proposed recreational vehicle. Motion carried
6-0.
VI. ADJOURNMENT
It was moved by Commissioner Lambell, seconded by Commissioner Vuksic to
adjourn the meeting. Motion carried 6-0. The meeting was adjourned at 4:20
p.m.
TONY BAGATO
PRINCIPAL PLANNER
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