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Home My WebLink AboutReview of ARC Decision MISC 04-54 - George Buono 72-922 Grapevine Street* Continued r' - matter indefinitely during proce. ng of Zoning Ordinance Amendment Case No. 04-04. REQUEST: SUBMITTED BY: APPLICANT: APPELLANT: CASE NOS. DATE: CONTENTS: CITY OF PALM DES ElMFET, DATE ElCONTINUEDXB The Matter Indefinitely Rt] PASSED TO 2ND READING Community Development/Planning STAFF REPORT 1-13-05 * City Council review of a decision of the Architectural Review Commission approving plans for 8' wall for entryway for single family residence at 72-922 Grapevine. Ryan Stendell, Planning Technician George Buono 38-681 Parker Ridge Way Palm Desert, CA 92260 Councilman Jim Ferguson MISC. 04-54 January 13, 2005 Recommendation Discussion Architectural Review Minutes meeting of November 23, 2004 Architectural Review Notice of Action, November 23, 2004 Plans & Exhibits Recommendation: That the City Council by minute motion affirm the action of the Architectural Review Commission dated November 23, 2004. Discussion: Background: This is a request for an 8' high pedestrian entry gate only. There is an existing 6' wall enclosing the front and street side yards. The entry gate element is 12' wide. The existing permitted 6' high front and street side yard wall will be finished with stucco to match the house. The applicant requested ARC approval of the 8' high entry gate within the wall system facing Grapevine. The entry gate transitions from the 6' height of the perimeter wall to 8' at the gate. This transition area is curved and increases the setback from the curb from 15' to 19' in the area of the gate. Staff Report MISC. 04-54 Page 2 January 13, 2004 Commissioner Hanson stated that, "the houses across the street are low, old- style homes and the proposed house is rather tall and you need a taller element on the wall to reinforce the height difference between what is around it and that house." The wall will be landscaped with Washingtonian Fliferas and Olive trees on both sides of the wall to lessen the impact of the height. Upon review of the entryway and landscape plans the commission determined that the wall was adequately landscaped and architecturally compatible with the neighborhood. Submitted by: Department Head: Ryan Stendell Ph}I Drell Planning Technician Approva H: mer Croy ACM Devel Approval: ent Services /�GY Carlos Ortega City Manager Director of Community Development w Q 0 n CITY OF PALM DESERT, CALIFORNI-011 Z r- its orrt-) COUNCIL REQUEST FOR REVIEW rn N.� Mr -'too DECISION OF THE Architectural Review Commission r or-n (Name of Committee/Coaunission) w rm rn Case No. MISC 04-54 Name of Appellant Jim Ferguson Meeting Date: 11 / 23 /04 Address Phone: ( Description of Application: 8' Wall for entryway for a single-family residence at 2-922 Grapevine Reason for . Review Compatability of neighborhood Signature of Appellant Date Appeal Filed: Treasurer's Receipt #: FOR O � --, - Ocf Public Hearing Set For Y Fee Received. Received by: CZ'Ge Date- 1.1/4 ,(60,(23 Action taken by the City Council: Date: Sheila R. Gilligan, City Clerk CITY of PLffl DESERT 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346-0611 FAX: 760 340-0574 info@palm-desert.org January 18, 2005 Mr. George Buono 38-681 Parker Ridge Way Palm Desert, California 92260 Dear Mr. Buono: Subject: Consideration of City Council Request for Review of an Architectural Review Commission Decision, Approving Plan for an 8-Foot Wall for Entryway Gate for Single Family Residence at 72-922 Grapevine Street (Case No. MISC 04-54) At its regular meeting of January 13, 2005, the Palm Desert City Council considered the subject case and took the following action: By Minute Motion, continued the matter indefinitely during processing of Zoning Ordinance Amendment Case No. 04-04. A copy of the staff report with City Council action stamp affixed thereto is enclosed for your records. If you have any questions or require any additional information, please do not hesitate to contact us. Sincerely, RACHELLE D. KLASSEN, CMC CITY CLERK RDK:mgm Enclosure (as noted) cc: Ryan Stendell, Planning Technician G:\CityClrk\Gloria Martinez\Letters \23-ARC Appeals\MISC 04-54 - George Buono.doc �� 1�a PAiNREO ON RECYCLED PAPER MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2005 B. ORDINANCE NO. 1081 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE FROM R-1 (RESIDENTIAL SINGLE FAMILY) TO O.P. (OFFICE PROFESSIONAL) FOR A 0.9-ACRE SITE LOCATED AT THE SOUTHWEST CORNER OF COOK STREET AND SHERYLAVENUE Case No. C/Z 04-03 (William J. Worzack, Applicant). Mrs. Gilligan stated that there had been no changes to this ordinance since its introduction and first reading. Mayor Pro Tem Ferguson moved to waive further reading and adopt Ordinance No. 1081. Motion was seconded by Benson and carried by a 4-0 vote, with Councilman Spiegel ABSENT. C. ORDINANCE NO. 1088 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DISSOLVING THE TECHNICAL TRAFFIC COMMITTEE AND ASSIGNING ITS DUTIES TO THE PUBLIC SAFETY COMMISSION, AND AMENDING SECTION 10.12.030 OF TITLE 10 OF THE PALM DESERT MUNICIPAL CODE. Mrs. Gilligan stated there had been no changes since introduction of this ordinance. Mayor Pro Tem Ferguson moved to waive further reading and adopt Ordinance No. 1088. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilman Spiegel ABSENT. With City Council concurrence, Mayor Crites suspended the agenda at this point in order to take up Item XVI - Old Business, B. XIV. NEW BUSINESS A. CONSIDERATION OF CITY COUNCIL REQUEST FOR REVIEW OF AN ARCHITECTURAL REVIEW COMMISSION DECISION, APPROVING PLANS FOR AN 8-FOOT WALL FOR ENTRYWAY GATE FOR SINGLE FAMILY RESIDENCE AT 72-922 GRAPEVINE STREET Case No. MISC 04-54 (George Buono, Applicant). Planning Technician Ryan Stendell reviewed the staff report and recommendation to affirm the action of the Architectural Review Commission. Mayor Pro Tem Ferguson said one of the recommendations being sent to Architectural Review with regard to front and street side yard walls was 20-foot setbacks for six-foot solid walls and 15-foot setbacks for five-foot 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2005 solid walls. This particular request was for an eight -foot wall with a 19-foot setback, and he asked how that would meet the criteria. Mr. Stendell said that Council wanted an exception process. With the eight - foot high exception process as it is now, staff felt it was not out of the question for someone to go for the same exception under the new ordinance. Upon question by Mayor Pro Tem Ferguson, Mr. Stendell confirmed that the wall had already been built without a permit. Mayor Crites stated that typically when exceptions are granted, the City looks for circumstances that can tell the ordinance could not be applied, and there were no such exceptional circumstances in this case. Mr. Stendell agreed. Upon question by Councilman Kelly, Mr. Stendell reviewed the landscape requirement for this property, noting that the Commission was satisfied with the landscaping. Councilman Kelly asked what was being done to assure that the landscaping was being done as it should be and also maintained. Mr. Stendell responded that the Planning Department would make sure the landscaping was done as it should be. As far as maintenance of the landscaping, the City's Code Enforcement Officers were out in the field and would cite the homeowner if the landscaping became a problem. Mayor Pro Tem Ferguson asked if the applicant would be amenable to allowing Council to review the landscape plans for the property, since the wall has already been built. MR. MIKE BUCCINO, landscape architect, said he felt it would be wise for the landscaping to be reviewed. Mayor Pro Tem Ferguson said it appeared that most of the landscaping was inside the wall rather than outside. Councilmember Benson added that it also looked like the landscaping was making the wall look bigger instead of drawing away from the wall. MR. BUCCINO said the landscape plan showed a lot of landscaping material outside the wall in order to create a mood and a feeling of variety around the project. He said the intent was to make the landscaping of the street pleasant, exciting, and tasteful, not just a landscape feature for the front of the house. There was variety to it as far as height, texture, and color as well as openness and congested planting. He said he would be happy to review with the Council any landscape design issues. Mayor Crites said staff had just been directed to begin the process of a Zoning Ordinance Amendment relating to perimeter wall height in single- family zones, and he would not vote to approve something that directly 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2005 violates that. He said he felt there was zero necessity for this when a six-foot gate and wall would work fine. Mayor Pro Tem Ferguson stated that the wall was already built, so whatever the Council does would have economic consequences. On the other hand, the wall was never approved, and if a permit had been applied for, this may have come up earlier than this. He said he had driven down Grapevine earlier that day, and this particular property was the only one like it on the entire street. MR. BUCCINO stated that the Architectural Review Commission had reviewed this project as presented to Council now and had approved it. Mayor Pro Tem Ferguson responded that the Council had appealed that approval. Mayor Pro Tem Ferguson moved to continue this matter indefinitely during processing of Zoning Ordinance Amendment Case No. 04-04. Motion was seconded by Benson and carried by a 4-0 vote, with Councilman Spiegel ABSENT. B. CONSIDERATION OF CITY COUNCIL REQUEST FOR REVIEW OF AN ARCHITECTURAL REVIEW COMMISSION DECISION, APPROVING PLANS TO REPLACE EXISTING FENCE WITH A 5-FOOT HIGH FENCE IN FRONT OF THE HOUSE AT 43-825 CARMEL CIRCLE Case No. MISC 04-63 (Steve Plant, Applicant). Mr. Stendell reviewed the staff report and recommendation, noting the request was to remove the wood painted fence portion of the wall and construct a five-foot masonry wall in its place. Architectural Review Commission requested that the wall on the street side (currently with a zero setback) be constructed with a seven -foot -from -face -of -curb setback and that it be stuccoed to match the home. He added that based on the state of the deteriorating existing wall, it was felt an exception could be granted. Although, he said staffs recommendation was to continue this matter during processing of the Zoning Ordinance Amendment as in the previous case above. Mayor Pro Tem Ferguson moved to, by Minute Motion, continue the review until issues involving potential front yard wall Municipal Code amendments are resolved. Motion was seconded by Benson and carried by a 4-0 vote, with Councilman Spiegel ABSENT. 14