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HomeMy WebLinkAbout2012-02-28 �rr� � . ��'�� CITY OF PALM DESERT � � ARCHITECTURAL REVIEW COMMISSION • ' MINUTES February 28, 2012 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 4 Chris Van Vliet X 4 John Vuksic X 2 2 Karel Lambell X 4 Pam Touschner X 3 1 Allan Levin X 4 Ken Stendell X 4 Also Present Lauri Aylaian, Director Tony Bagato, Principal Planner Missy Wightman, Assistant Planner Pedro Rodriquez, Senior Code Officer Neal Stephenson, Fire Safety Specialist Mike Adkins, Code Officer Janine Judy, Recording Secretary Cancelled meetings: 03/13/12 III. ORAL COMMUNICATIONS ' IV. APPROVAL OF MINUTES: February 14, 2012 Action: Commissioner Levin moved and Commissioner Van Vliet seconded, to approve the February 14, 2012 meeting minutes. Motion carried 6-0-0-1, with Commissioner Vuksic absent. V. CASES: ARCHITECTURAL R�EW COMMISSION ,�, MINUTES February 28, 2012 A. Final Drawings: 1. CASE NO: MISC 12-42 APPLICANT (AND ADDRESS): ABDUL SALEHI, 10 Andalucia, Irvine, CA 92814 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of storefront remodel; Best Buy. LOCATION: 72-369 Highway 111 ZONE: P.C.-3 Mr. Bagato presented the project and stated this came before the Commission at the last meeting for an approval of the new wedge design for Best Buy. The applicant has returned with proposed changes. Mr. Abdul Salehi, Architect, stated they did some modifications in response to the comments received from the Commission. They will paint the wall blue behind the mesh piece; bring eyebrow down and angle it on the right side; create a 6" gap between the angled wall and the eyebrow below; wrap the blue element on the left side; extend the blue element below the canopy and bump it out 2' and add the same panels as in the front; move location of the Best Buy sign to balance it out. The Commission and the applicant discussed the changes. ACTION: Commissioner Touschner moved and Commissioner Stendell seconded, to grant approval as presented. Motion carried 6-0-0-1, with Commissioner Vuksic absent. G:\Planning\JanineJudy\Word FilesW Minutes\2012\120228min..doc Page 2 of 6 � ARCHITECTURAL RE�EW COMMISSION � MINUTES February 28, 2012 2. CASE NO: RV 11-105 APPLICANT (AND ADDRESS): JACKIE J. GERMAN 43-800 Florine Avenue, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Approval to park a RV in a side yard. LOCATION: 43-800 Florine Avenue ZONE: R-1 9,000 Ms. Wightman presented the project and summarized the staff report. She stated that the applicant qualified to receive a grand#athering permit, but has not complied with the required conditions. Staff went to the site and took photos and the first letter went to the applicant on March 16, 2011. The applicant was required to replace the wood gate and landscaping was to be installed and current registration obtained. On April 14, 2011, the applicant provided proof that a non-approved metal gate was replaced and provided a current copy of the registration. Sufficient landscape still has not been installed and staff sent follow-up letters, as well as denial letters. Ms. Wightman presented photos showing the gate, trailer and lack of proper screening. The property is surrounded on three sides by the church parking lot. She pointed out the types of landscaping the applicant has provided, but stated it is not sufficient for 100% RV screening, which is required. When staff first receives a RV application, the applicant is informed they have to meet certain requirements in order to be grandfathered in. At that same time, staff also provides the applicant with a copy of the code addressing this compliance, along with a landscape screening handout that indicates the proper landscape needed to sufficiently screen a RV. Ms. Wightman stated the applicant initially requested a hearing on February 14, 2012, but was unable to comply with that date, so they are here today. Adjacent neighbors were notified again and staff has not received any feedback from them. Staff has continued to work with the applicant to comply with the grandfathering clause and has given them several opportunities over the past year to do so. Therefore, staff is recommending denial. G:\PlanningWanine Judy\Word FilesVl Minutes�2012\120228min..doc Page 3 of 6 ARCHITECTURAL REV�I/ COMMISSION � �� MINUTES February 28, 2012 Ms. Jackie German, applicant presented current photos of the gate and the landscape screening. She said her trailer has been parked in her back yard for years and has never had any problems. The one and only neighbor who might have a problem, is okay with her trailer parked there and the church doesn't have a problem either. She has planted a variety of plants along the wall that do not do well in that area. She pointed out she is on a limited income and has spent a lot of time and money on the current landscaping that will eventually fill out. The Commission reviewed the applicant's photos. Commissioner Gregory said they have to be concerned with setting a precedent. This Commission has to be careful with what they approve because everyone has a situation and whatever they approve will be brought back by the next applicant coming in with a RV permit. Ms. Wightman mentioned there have been other applicants who have had to remove hardscape and concrete in order to install landscape and allow it to grow to full height. Staff offered to meet with the applicant along with the Landscape Specialist on site, but � that was not wanted. The Commission reviewed the planting site provided. Commissioner Levin asked Ms. German how often the trailer was moved. She responded not very often since her children are grown, but she does keep her earthquake supplies in the trailer. Commissioner Lambell said it was a shame that the applicant didn't take the landscape handout to the nursery and Ms. German said she did take it with her, but Home Depot and Lowe's said that none of the plants listed on the handout would work in that area. Commissioner Stendell stated that if the applicant had chosen Calliandra or Tacoma back in 2011, it would be growing above the top of the wall by now. Commissioner Gregory said the ficus there now will do just fine once they start to fill out. The applicant has a trailer that right now is in violation of code, and her efforts to screen it have not been working out. He pointed out that she either screens it according to City requirements or she should consider getting rid of the trailer. The Commission discussed the types of plants to achieve 100% screening for that area. Ms. Wightman said trying to gain grandfathering approval staff has met several times with the applicant and the Landscape Specialist to discuss what types of landscape to use. She informed the applicant that if she wanted to G:\PlanningWanine Judy\Word FilesW Minutes�2012\120228min..doc Page 4 of 6 • . � � ARCHITECTURAL RE�W COMMISSION MINUTES February 28, 2012 go through the hearing process staff could not support an approval because now they have to comply with the 100% screening, which she does not. She pointed out to the Commission that on March 1, 2012 it will be one year since staff has been trying to gain compliance. Commissioner Van Vliet asked if they had some flexibility with their decision to give the applicant some relief in keeping the cost down. Commissioner Gregory said the Commission will need to be assured there is a good chance that what needs to be done will be accomplished, because a year from now the plants may either be flopped over or are dead. Ms. Lauri Aylaian, Community Development, said there is history with this situation and it has been a struggle getting it to this point. The City is interested in compliance, so this trailer either needs to be screened or be removed. The Commission can make the appropriate recommendations or suggestions as long as it leads to compliance. Commissioner Gregory asked if a certain period of time was given to the applicant and the applicant does not accomplish what is needed, what the procedure is at that point. Ms. Aylaian said the request would be denied and turned over to Code Enforcement. Mr. Pedro Rodriguez, Senior Code Officer, said if the applicant has been given ample time to comply, Code Enforcement would then send the applicant a letter informing her that she has to remove the trailer. After that letter expires and the trailer is still there, she could face fines, we would get a warrant and have it removed from the property and she would be liable for all those costs. Commissioner Stendell asked if the Commission was looking at putting it back into the grandfather side where the applicant can plant materials that will attain, at a later date, the 100% screening. Commissioner Gregory said the Commission's decision should be very specific on what they want the applicant to do by a certain date. G:\PlanningWanine Judy\Word FilesW Minutes�2012\120228min..doc Page 5 of 6 ARCHITECTURAL REV� COMMISSION � '� MINUTES February 28, 2012 ACTION: Commissioner Stendell moved and Commissioner Touschner seconded, to forego the abatement of applicant's trailer subject to: 1) within 15 days of this hearing (prior to 4:00 p.m. on March 14, 2012), the applicant shall have sought help with the Landscape Specialist and City staff to determine the best possible approach to obtain 100% coverage within 12-months. (March 28, 2013); 2) Commission grants the applicant 30 days from the date of today's meeting (4:00 p.m. on March 29, 2012) to plant, irrigate and set up an appointment with the Landscape Specialist and City staff to inspect the on-site (interior yard) planting installation; 3) Landscape Specialist and City staff shall inspect applicant's properiy on a quarterly basis to ensure compliance. (July 2012, November 2012 & March 2013); 4) within 12 months from the time of planting, 100% screening of the trailer shall be obtained; and, 5) non-compliance of this request shall result in Code Enforcement proceeding with the abatement process. Motion carried 6-0-0-1, with Commissioner Vuksic absent. B. Preliminary Plans: None C. Miscellaneous Items: None VI. ART IN PUBLIC PLACES UPDATE — Commissioner John Vuksic Commissioner Vuksic was not in attendance. VII. COMMENTS . Commissioner Stendell reported that the Southwest Plaza building has not yet been painted and Mr. Bagato said Code Enforcement would follow up. VIII. ADJOURNMENT Commissioner Stendell moved and Commissioner Levin seconded to adjourn the meeting. Motion carried 6-0-0-1, with Commissioner Vuksic absent. The meeting was adjourned at 1:15 p.m. JANINE JUDY RECORDING SECRETARY G:\PlanningWanine Judy\Word FilesVl Minutes�2012\720228min..doc Page 6 of 6