HomeMy WebLinkAbout2018-11-27 CITY OF PALM DESERT
ARCHITECTURAL REVIEW COMMISSION
MINUTES
NOVEMBER 27, 2018
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
Chris Van Vliet, Chair X 20
Karel Lambell, Vice Chair X 18 2
Allan Levin X 20
Michael McAuliffe X 18 2
Jim McIntosh X 16 4
John Vuksic X 17 3
Open Position
Also Present
Ryan Stendeli, Director, Community Development
Eric Ceja, Principal Planner
Kevin Swartz, Associate Planner
Nick Melloni, Assistant Planner
Janine Judy, Recording Secretary
Cancelled meeting:2/27/18,4110/18
III. ORAL COMMUNICATIONS
None
IV. APPROVAL OF MINUTES: October 23, 2018
Action:
Commissioner Lambell moved to approve the October 23, 2018 meeting
minutes with minor changes. Motion was seconded by Commissioner Levin
and carried by a 5-0-1 vote, with Lambell, Levin, McAuliffe, McIntosh, and
Van Vliet voting YES and Vuksic absent.
ARCHITECTURAL RE ,W COMMISSION
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V. CASES:
A. Final Drawings:
1. CASE NO: MISC 18-0011
APPLICANT (AND ADDRESS): GORDON STEIN, Design Mind
Studio, P.O. Box 790, Palm Desert, CA 92261
NATURE OF PROJECT/APPROVAL SOUGHT: Consideration to
approve a height exception on a single-family residential home to
17'-6" and a wall height exception for a 6' high wall in the front yard.
LOCATION: 48-234 Silver Spur Trail
ZONE: P.R.-7:
Mr. Nick Mellon!, Assistant Planner, presented a proposal for a roof
height exception on a single-family residence on Silver Spur Trail
(Silver Spur) that exceeds the maximum 15' and with the
Commission's approval. this can extend to 18'. He presented a
PowerPoint presentation of the site plan showing the portions of the
roof extending to 17'-6". Mr. Melloni said the home can be described -
as a contemporary take with some mid-century modem elements
with the slanted roof. Most of the home is under the.15' threshold,
however, the portions that extend above that help provide breaks to
the massing of the home.
Mr. Melloni explained that the applicant is also requesting a height
exception on an over-height wall and said this can be granted based
on the findings summarized in the staff report. He described the
layout of the home and said many of the homes along Silver Spur
have over-height walls near the street curb and presented a photo of
the neighboring fence. He explained that the general standard of the
code limits this neighboring fence to a maximum height of 3'76",
however, it is just under 6' and the right-of-way ends 5' back from the
curb. He said the maximum allowed height of the wall is dependent
on the distance from the face of the curb, not the property line. He
showed additional photos of fences and walls along Silver Spur, as
well as a tiered retaining wall that is similar to what the applicant is
proposing. Staff is recommending approval of the plans as shown,
as well as the exception for the additional height of the fence.
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Commissioner Lambell referred to the portions of the roof extending
over the height limit and asked if this was 50% of the roof coverage.
Mr. Melloni said based on a visual assessment, he thought it was
less than 50% and pointed out that the majority of the roof massing
is under the 15' threshold.
Commissioner Levin reviewed the pool and questioned the setbacks
to ensure that the pool wasn't encroaching into the setback. Mr.
Mellon! said the setback for the pool is 5' from the front property line.
The Commission reviewed the proposed wall and the 15' setback
from the curb face. Chair Van Wet said according,to the site plan it
didn't look like 15'. Commissioner Levin said it looks like the bulk of
the pool is within the 20' setback.
The Commission expressed some confusion with the plans. Mr.
Melloni said what the Commission was looking at was the first
submittal. He explained that he had received a full-size set of
corrected plans from the applicant after the Commission received
their ARC packets and the new plans clarify the setback. He
explained that he had written a corrections letter which asked the
applicant to clarity that, but unfortunately the same plan was
t resubmitted. On the latest set of plans, he was only provided a single
set and the digital submittal didn't show these changes. Mr. Melloni
provided the updated set of plans for the Commission's
review. Chair Van Viet asked if there was a grading plan showing
the elevations and the wall heights. Mr. Melloni provided the draft
precise grading plan and pointed out that the portion they were
inquiring about was 14' from the back of curb.
The Commission and staff reviewed and discussed the height of the
wall, top of curb and top of wall. Commissioner McIntosh asked if
there was a side section through there. Mr. Melloni stated this was
not provided by the applicant. Chair Van Vllet pointed out that there
is a pretty critical height issue on the wall and said the street probably
goes down 5' with a big grade differential. Commissioner McIntosh
said the low wall is 6' above the curb and thought it was within the
code. Mr. Mellon! said the low wall is within the code because the
height is taken from the finished grade. The Commission continued
to discuss their concerns with the height of the walls, the grading
plan, and the setbacks for the pool.
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Commissioner Levin referred to the finished floor and said it is 6'
higher than the house next door and asked if that was
acceptable. MR. GORDON STEIN, homeowner's representative,
explained the street falls away from the house at the curb at the
corner. He referred to one of the earlier photos of the wall on the
neighboring property with a 6'wall within 5' of the street. He said they
are trying to deal with this corner and suggested they lower the outer
wall down and step that grade. The reason they put the additional
walls in was to act as a step grade to soften the visual from the street
by taking out the slope and have planting in the front of the taller wall
to soften and mitigate it. He also said the main thing is having a
privacy wall for the front yard pool area.
Commissioner McAuliffe asked if the street goes down on the
rendering image and MR. STEIN said it wasn't reflected exactly that
way. Commissioner McIntosh said if the rendering was accurate and
the street went down, it would really be a little more exaggerated in
that corner. MR. STEIN again pointed out that they can work those
outer walls to create a means to soften the main wall that provides
some privacy. Commissioner McIntosh said he understands the
intent but was worried about the profile and exactly how high that's
going up that close to the street. They reviewed the grading plans for
the top of curb and how the pad is elevated above the curb.
Commissioner McIntosh said the 3-D image looks good but just
imagine what it would look like if that street went down 5' instead of
level. He thinks the profiles at that corner of the property are going
to be quite high. MR. STEIN said to get some privacy on the pool
portion they can work those walls down on the corner. He said he will
provide the Commission with a street elevation to show a solution.
Commissioner McIntosh also requested profiles through the walls
and cross 'sections to see what this will really look like.
Commissioner Levin asked if the approved grading plan has
changed since the original approval. Mr. Mellon! said this grading
plan was from 1978 before the City was incorporated. Commissioner
Levin wondered if that was an approved pad 'grade at some point
and time or if they added dirt to raise it up.
Commissioner Lambell discussed the code requirement for the
heights of the walls and MR. HUGO ZERVANTES, contractor, said
they are asking for the wall exception for the wall at 6' tall and 14'
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from the curb. Chair Van Vliet said.they have room to shift the pool
back, but the applicant is electing to push it above the top of curb.
Mr. Melloni said it is taken from finished grade on the outside portion
of the wall. The Commission discussed the wall heights and was
.concerned with the public's perspective. MR. STEIN suggested they
adjust the pool wall down to 5', meet code as it relates to access,
and lower the retaining walls.down to step properly, probably even
doing a triple retaining wall. Commissioner McIntosh said this
Commission can approve the variance given the walls have
architectural merit. MR. STEIN said they will keep the main wall on
the pool where it is and drop it down to 5' off the deck side and work
the code issues back through and see if they can make that look
good. They will come back with a nice set of elevation shots along
the street side and slice through it to show sections all the way along.
He said he will also submit a revised set of grading plans.
Chair Van Vliet asked the Commissioners if they had any concerns
With the architecture of the home, the roof heights or how it may
impact the neighboring homes. Commissioner McIntosh said this
was a great design and the only concern he had was that all the other
homes this Commission has approved above the 15' roof height tend
to be more center mass of the building and this request seems to be
towards the edges. He asked if this issue was described in the code.
Mr. Eric Ceja, Principal Planner answered no and said it is based on
architectural merit. Chair Van Vliet said the tallest portion is the roof
plane at the entry at 17'-6".
Commissioner Levin pointed out the existing residence on the other
side and discussed the finished grade and top of wall only being 2'
higher than that property. He said if privacy is an issue and if there's
only a 2' wall between them, they're not going to see much because
they are looking at the back of the house and the garage next door.
He asked the applicant to revisit the property line.
ACTION:
Commissioner Lambell moved to continue subject to: 1) providing a
completed plan submittal; 2) providing cross section detail for walls along
Silver Spur Trail; and 3) redesign walls along Silver Spur Trail to reduce
mass and visibility from public realm. Motion was seconded by
Commissioner Levin and carried by a 5-0-1 vote, with Lambell, Levin,
McAuliffe, McIntosh, and Van Vliet voting YES and Vuksic absent.
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2. CASE NO: MISC 18-0024
APPLICANT AND ADDRESS: KRIS HANSEN, 30931 Black Horse,
Canyon Lake, CA 92587
NATURE OF PROJECT/APPROVAL SOUGHT: Consideration to
approve a materials exception for a wood fence in the front yard.
LOCATION: 74-125 Setting Sun Trail
ZONE: R-1:
Mr. Nick Melloni, Assistant Planner, presented a request to approve
an existing 42" tall wooden fence located in the front yard of the
property approximately 21'from the curb face. The proposal requires
approval of an exception to the fence and wall standards of the Palm
Desert Municipal Code (PDMC) for the use of a non-conforming
material (wood) along a public frontage. He presented PowerPoint
photos of the home and fence prior to the changes, as well as current
photos of the home and fence. He said there is also a new low
wooden fence located in the front of the property. In June 2018, the
property was cited' by Code Compliance for unpermitted
construction, including extensive exterior renovations. Changes
included modification to the entry archway, windows, a roof shingle
change, paint color change; construction of a new wood fence along
Setting Sun Trail (Setting Sun) and replacement of an existing
wooden fence along Black Rabbit Road (Black Rabbit). The
applicant is in the ,process of obtaining building permits for the
unpermitted building changes. PDMC Section 25.40.080 Fences and
Walls (fence code), contains standards for fence placement, fence
height, permissible wall and fence materials, and fence design. The
height and location of the fence complies with standards listed in the
fence code; however, the fence code does not permit the use of
wood material in fences facing street frontage. The wood fence along
Black Rabbit replaces an existing wood fence and because the new
fence is located in the same area, and the same height as the former
wood fence, it is considered legal non-conforming.
Mr. Melloni pointed out that the new fence in the front yard area is
subject to the current fence code and does not conform to material
requirements. He went through the exceptions to the standards of
the fence code that would be granted by the Architectural Review
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Commission (ARC). He recommended that the applicant provide
additional landscaping in the front yard between the street curb and
fence. If the ARC approves the exception with any design changes,
staff recommends that these changes also apply to the replacement
wood fence located along Black Rabbit to ensure consistency. If the
ARC denies the exception, only the new fence in the front yard can
be removed; the replacement fence is considered a continuation of
a legal non-conforming use/structure.
Commissioner McIntosh asked why staff is recommending approval
and Mn Mellon! said it is staff's interpretation that the changes made
to the house make it consistent with the fence being replaced.
Commissioner McIntosh asked what the code states regarding the
percentage of replacement. Mr. Ceja said a couple years ago, a
committee evaluated and made an amendment to the ordinance for
fences and walls to allow people to replace existing wood fences,
keeping them, in the same location, and relatively having the same
design. He said.the Commission should take into consideration that
this no longer conforms to the code since it appears to have a new
design, it is placed closer to the street and is taller.
The Commission reviewed and discussed the fence and Chair Van
Wet thought at this stage the Commission should deny the request.
Commissioner McIntosh made a motion to deny and Commissioner
Lambell made the second. Chair Van Vliet asked for further
discussion.
Mr. Melloni said staff has received comments from adjacent
neighbors saying that the color of the home is too bright. After visiting
the site, he recommends a color change to taupe, tan or some other
earth tones to be compatible with the existing neighborhood. In
addition, the exterior light sources are unshielded and suggested
they use the existing code for those items. Commissioner McIntosh
asked about the complaints and Mr. Mellon! said a few neighbors are
concerned that the fence was not well-constructed and after his site
visit, he has to agree. He said the rails are very thin, probably less
than an inch, and not finished. Commissioner Levin asked about the
house color and asked if the City has a requirement of the color.
At this point, several people were talking all at once making it hard to transcribe.
Chair Van Vliet reminded the Commission of the motion for denial.
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ACTION:
Commissioner McIntosh moved to deny Case MISC 18-0024 subject to: 1)
all wooden fences constructed without proper approvals, 2) wooden fence
material incompatible with architecture of home; and 3) the new wooden
fence, located along Black Rabbit Road, to replace previous wooden fence
constitutes an expansion of a legal non-conforming use.. Motion was
seconded by Commissioner Lambell and carried by a 5-0-1 vote, with
Lambell, Levin, McAuliffe, McIntosh, and Van Vliet voting YES and Vuksic
absent.
3. CASE NO: CUP 17-0023
APPLICANT AND ADDRESS: THE LEAF at 73740, LLC a
California Limited Liability Company, 72650 Fred Waring Drive#202,
Palm Desert, CA 92260
NATURE OF PROJECT/APPROVAL SOUGHT: Consideration to
approve final drawings: The Leaf.
LOCATION: 73740 El Paseo
ZONE: D
Mr. Eric Ceja, Principal Planner, presented final construction
drawings for the Commission's review. When it came forward this
past summer, the Commission asked the applicant to revisit the front
and rear elevation cornice detail, adjust the solarium on the front
elevation to preserve the benches, add a dimmer for lighting strength
on the front elevation, and adding a fire riser room. They have made
all these changes and the designer is here to run us through the
changes.
Chair Van Vliet asked the designer where the fire riser room was
located and to describe the revisions based on the suggestions of
the Commission. MR: STEPHAN STEPHANOFF,. designer DPK
Group, after trying to locate the room on the plans said he wasn't
sure where the room was located. Commissioner McIntosh asked for
the fire sprinkler plan and MR. STEPHANOFF said it was submitted
with the main package. He described how they moved around the
benches and the umbrellas so as to fit the sidewalk and the public-
right-of way. The Commission and the designer discussed the
solarium on the front elevation and Commissioner McAuliffe asked if
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this cants over the sidewalk and if they checked for ADA headroom
clearance because it becomes a caning issue if you have too much
slope. The designer was unsure about that.
Commissioner Lambell said the designer didn't have'the answers for
what the Commission was looking for. She told him he was sent as
the sacrificial Iamb and until he has all the answers this will not get
approved. So rather than spend more time shuffling papers, she told
the designer to go away and come back to a future meeting with all
the point by point changes and give this Commission a proper
presentation.
ACTION:
Commissioner Lambell moved to continue continued Case CUP 17-0023
subject to: 1) incorporating the fire sprinkler plan into plan drawings; 2)
providing the location of the fire riser room; and 3) providing an updated set
of plans to show all changes. Motion was seconded by Commissioner
McIntosh and carried by a 5-0-1 vote, with Lambell, Levin, McAuliffe,
McIntosh, and Van Wet voting YES and Vuksic absent.
B. Preliminary Plans:
1. CASE NO: MISC 18-0004
APPLICANT AND ADDRESS: AT&T MOBILITY CORP. 1452 .
Edinger Avenue, Tustin, CA 92780
NATURE OF PROJECT/APPROVAL SOUGHT: Consideration of a
design review to,install a two sector wireless facility on the rooftop of
The Steakhouse at BIGHORN on the Canyons side.
LOCATION: 312 Canyon Drive
ZONE: P.R:(5):
Mr. Kevin Swartz, Associate Planner, presented a proposal from
AT&T to install a two (2)-sector wireless facility on the rooftop of the
Steakhouse at BIGHORN on'the Canyons side that is only visible
from residents within Bighorn. This has been reviewed and approved
by the HOA. He presented photos of the project, as well as the
construction plans and the roof plan. Staff is asking for a
recommendation to move this forward to the Planning Commission.
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MS. MELISSA FRANCISCO, AT&T, stated this is a design
consideration from Bighorn to incorporate this into their existing
structures. She said there is one currently on the Clubhouse and the
other will be located across the street at the Vault.
The Commission reviewed the plans and said since this is not visible
from any public street and it has been approved by the Bighorn HOA
they recommended approval.
ACTION:
Commissioner Lambell moved to approve. Motion was seconded by
Commissioner McIntosh and carried by a 5-0-1 vote, with Lambell, Levin,
McAuliffe, McIntosh, and Van Wet voting YES and Vuksic absent.
2. CASE NO: MISC 18-0006
APPLICANT AND ADDRESS: AT&T MOBILITY CORP., 1452
Edinger Avenue, Tustin, CA 92780
NATURE OF PROJECT/APPROVAL SOUGHT: Consideration of a
design review to install a three sector wireless facility on the rooftop:
The Vault at BIGHORN.
LOCATION: 182 Metate Place
ZONE: P.R.(5):
Mr. Kevin Swartz, Associate, Planner, presented a proposal from
AT&T to install a three (3)-sector wireless facility on the rooftop of
the Vault at Bighorn. He said this has been reviewed and approved
by the HOA and presented photos of the project, as well as the
construction plans and the roof plan. Staff is asking for a
recommendation to move this forward to the Planning Commission.
He said this will not be too visible and it was noticed within Bighorn.
Commissioner Levin asked if this will be visible from any of the
homes on Cahuilla. Mr. Swartz said the residents will have an
opportunity to talk at Planning Commission.
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ACTION:
Chair Van Vliet moved to approve. Motion was seconded by Commissioner
McAuliffe and carried by a 5-0-1 vote, with Lambell, Levin, McAuliffe,
McIntosh, and Van Vliet voting YES and Vuksic absent.
C. Miscellaneous Items:
None
VI. COMMENTS
The Commission and staff discussed Paseo Hotel, as well as providing the
Commission with updated plans either in their packet or providing them at the
meeting.
VII. ADJOURNMENT
Commissioner Levin moved to adjourn the Architectural Review Commission
meeting at 1:40 p.m.
ERIC CEJN'
PRINCIPAL PL NER
SECRETARY
JAM UD
RE6dA5DING SECRETARY
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