HomeMy WebLinkAboutReview ARC Action RV 06-04 SnijdersREQUEST:
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
City Council review of an Architectural Review Commission action
denying a request for approval to allow the parking of a recreational
vehicle / motor -home in the street side yard of an existing single
family home.
SUBMITTED BY: Ryan Stendell, Assistant Planner
APPLICANT: Dutch & Ruth Snijders
43-175 Delaware Street
Palm Desert, CA 92211
CASE NO: RV 06-04
DATE: December 14, 2006
CONTENTS: A. Exhibits
B. Architectural Review Commission Minutes
C. Request for City Council Review Form
Recommendation:
That by minute motion the City Council reaffirm the action of the Architectural
Review Commission (ARC) denying Case No. RV 06-04.
Executive Summary:
The intent and purpose of the City's recreational vehicle ordinance is to preserve
the appearance of residential neighborhoods while allowing those applicants who
can sufficiently screen such vehicles while not interfering with health, safety and
welfare of the community. A noticed hearing must be held before the
Architectural Review Commission to ensure all surrounding residents have been
notified of the proposed recreational vehicle permit.
The applicants are proposing to park their motor -home on their street side yard
along Wyoming Avenue. The plan includes planting an Indian Laurel Hedge 10
feet from the curb and growing up to 15 feet tall. The motor -home would be
parked behind the hedge, the applicants felt that in time it would not be seen
from the street.
The proposal was presented to the ARC at its October 24, 2006 meeting. The
commission felt that the motor -home was very imposing to the street.
Commission noted that there are building setbacks for a reason and the intent
was to keep the building mass a reasonable distance from the street. In this
case you would be putting a 15-foot high landscape hedge 10-feet from the curb.
The commission felt that on a corner lot the street -side yard was not an
Staff Report
RV 06-04
Page 2
December 14, 2006
appropriate location for a motor -home. The neighbor, Mr. Osmoth Lane stated,
"the motor -home was too big and should be in an RV park and felt that it would
decrease the value of the neighborhood to have it parked there." The
commission moved to deny the request due to 1) negative impact to the
neighborhood; and 2) creating a 15-foot high hedge that is essentially 10 feet
from the curb. (Motion carried 7-0)
Submitted By:
Ryan Stendell
Assistant Planner
Homer Croy
ACM Developm Services
Department Head:
Phil Drell
Director of Community Development
Approval:
Carlos Orte
City Manager
ZITY COUNCIL ION:
APPROVED DENIED.
RECEIVED OTHER
AYES*
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ABSENT:
ABSTAIN: i-'4;
VERIFIED BY:
Original on File wi City Clerk's Office
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RECEIVED CITY OF PALM DESERT, CALIFORNIA
Y CLERK'S OFFICE
ELM DESERT. CA
APPLICATION TO APPEAL
OCT 30 PM 3: 44
DECISION OF THE ARCH ITEC`rORA - REV I P-W COMM t 551 ON
;Name of Determining Body)
Case No. R.v 0(Q-04 Date of Decision: OCT 24, 2oo(o
Name of Appellant _QJEGN E RUTk 5N l:5'DI-R5 Phone(2(60) 345 -52q 1
Address 43.1-15' PF-I-AWAP-V- sr, PALM DE.SEzT. CA G2211
Description of
Application or Matter Considered:-Fe1ZM (T TO PA e k M OTQ j4D M E c M
D12.,0PEZTY, COMPLETELY SCREEAIED P2e)M STPE ET £ o-7,14P P
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Reason for Appeal (attach additional sheets if necessafy): I
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FOR OFFICIAL USE ONLY
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Date Appeal Filed: M -,30- 6 Fee Received: �9�
Treasurer's Receipt No. 0'?0 / Received by:
Date of Consideration by City Council or City Official:
Action Taken:
Date:
H VklassentWPdata\WPDOCS\FORMSIaDDI to appeal wpd
Rachelle D. Klassen, City Clerk
COPY TO
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Rev 6/29/02
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PROPS R.TY
43175 Delaware St.
Palm Desert, CA 92211
November 8, 2006
City of Palm Desert
Architectural Review Commission
20
Ref Case No. RV 06-04
pox. r
CITY :)F- ti1')N
In the reference letter of denial for our request to park our motor home on our
property you specified four reasons for your decisions. We had taken, what we
considered to be, great care in the preparation of the request to insure we were
complying with all City of Palm Desert laws, codes, etc. When we read your letter
we were surprised to find four reasons for denial, none of which stated we were in
violation of any requirement set by the City. The items were:
First: Our Proposal would have a negative impact on the neighborhood.
The City of Palm Desert permits motor home parking on private
property provided that all conditions of the city are met and the unit is
shielded from the street and adjacent properties. Our proposal
complies with all the conditions, we know of, and your letter does not
point out any we did not comply with.
Second: Wooden fencing on the property.
There will be no wooden fencing anywhere in this project.
Third: The hedge we proposed to conceal the motor home would constitute a
wall.
The chairperson of your commission pointed out, at the meeting we
attended, that landscaping issues are not a part of the authority of the
Architectural Review Commission. It should also be noted that our
proposal for a hedge for concealment of our motor home is entirely
based on recommendations (as to type, spacing, and fast growth) of
the Palm Desert Landscaping Department.
Fourth: Line of site issue at the corner of Wyoming & Delaware.
Your own chairperson again pointed out to the commission that we
were well within the city regulations. There are no line of sight
z
problems in our proposal for a permit. This is not our opinion; it is
your own chairpersons.
Because of the above, i.e. not one of the four reasons for denial stated are accurate,
we can only come to one conclusion, and that is, there is not one valid reason for
your commission denying us our permit. We can therefore only conclude that we
did not get a fair hearing by the Architectural Review Commission and that your
decision, at best, is capricious.
To the best of our knowledge, and all that the City of Palm Desert has informed us
of, our proposal meets all the requirements of the city code for parking our motor
home on our property. Nothing we have been informed of says we violate a___X
laws, codes, statutes, etc., and yet we have been denied for what is apparent, no
valid reason and yet we must pay an additional $197 to appeal for fairness to the
city council. We find this unconscionable
You may respond to us directly or include this letter as part of file RV 06-04 which
is being appealed to the city council. We filed our appeal on 10-30-06.
Sincerely,
Dutch & Ruth Snijders
IIIY 01 PH[H) 0kSEP(
73-510 FRED WARM, L)R1vF
PAI M DESERT, CAI IFURN1& 92260-2578
TEL' 760 346—o61I
FAX: 760 341-7098
info@paiiii-dcscrt.org
CITY OF PALM DESERT
PUBLIC NOTICE
CASE NO. RV 06-04
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert
City Council to consider an appeal of an Architectural Review Commission decision by
Dutch & Ruth Snijders to allow the parking of a recreational vehicle / motor -home in the
street side yard of an existing single family home. Subject property is located at 43-175
Delaware Place. (APN: 637-222-015)
of Palm Desert
DELA VARE R
SAID public hearing will be held on Tuesday, December14, 2006, at 4:00 p.m. in the
Community Services Conference Room at the Palm Desert Civic Center, 73-510 Fred
Waring Drive, Palm Desert, California, at which time and place all interested persons are
invited to attend and be heard. Written comments concerning all items covered by this
public hearing notice shall be accepted up to the date of the hearing. Information
concerning the proposed project and/or negative declaration is available for review in the
Department of Community Development at the above address between the hours of 8:00
a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in
court, you may be limited to raising only those issues you or someone else raised at the
public hearing described in this notice, or in written correspondence delivered to the Palm
Desert City Council at, or prior to, the public hearing.
PUBLISH: Desert Sun Rachelle Klassen, Secretary
December 1, 2006 Palm Desert City Council
8.40.010
Chapter 8.40
RECREATIONAL VEHICLES ON PRIVATE
PROPERTY
Sections:
8.40.010
Purpose of provisions.
8.40.020
Definition of recreational vehicles.
8.40.030
Definitions regarding land.
8.40.040
Measurement of recreational
vehicles.
8.40.050
Permitted and nonpermitted uses
of recreational vehicles.
8.40.055
Permit fees.
8.40.060 General conditions.
8.40.070 Violation constitutes an
infraction.
8.40.010 Purpose of provisions.
The city council finds recreational vehicles not regu-
lated as to parking and storing on private property do not
enhance the community's appearance and may interfere
with the health, safety and welfare of the community. Fur-
ther, the enhancement and preservation of the appearance
of Palm Desert will not be successful unless greater con-
cem is applied to the regulation of such vehicles; and the
city council, in considering the concerns of citizens not
owning recreational vehicles having the right of enjoyment
of property and protection of property values, knowing
that constitutional rights are guaranteed to citizens owning
recreational vehicles; therefore, for these reasons, the
regulations of this chapter are deemed by the city council
to be necessary. (Ord. 915 § I (part), 1999: Ord. 537 § 2
(part), 1988)
8.40.020 Definition of recreational vehicles.
"Recreational vehicles" in this chapter means and in-
cludes, but is not limited to, the following specific vehi-
cles:
A. "Aircraft" is a general term applying to all manner
of aircraft, whether impelled by wind or mechanical de-
vices, and which are designed for recreational or vacation
use. An aircraft when mounted upon a trailer shall be con-
sidered one unit.
B. "Camper" means a separate vehicle designed for
human habitation and which can be attached or detached
from a pickup truck. When removed from the truck, camp-
ers are called "unmounted campers." These campers are
sometimes referred to as "truck campers" and "overhead
campers." Camper shells on pickup trucks are excluded
from this definition.
Wahn [h.cn Stipp No 1) 156
C. "Camping trailer" means a type oftrailer oftrailer
coach, the walls of which are so constructed as to be col-
lapsible and made out of either canvas or similar cloth, or
some form of rigid material such as fiberglass or plastic or
metal. The walls are collapsed while the recreational vehi-
cle is being towed or stored and are raised or unfolded
when the vehicle becomes temporary living quarters and is
not being moved.
D. "Motor home" means a motorized vehicle that has
a truck or motor van chassis primarily designed to provide
temporary living quarters for travel, camping, recreation
and vacation use.
E. "Travel trailer" means a trailer without its own
motive power, designed as a temporary dwelling for travel,
camping, recreation and vacation use. This definition in-
cludes fifth wheelers.
F. "Utility trailer" means a trailer without its own
motive power designed and/or used for the transportation
of animals, goods, material, aircraft, watercraft and all
manner of motor vehicles.
G. "Watercraft" is a general term applying to all
manner of watercraft, whether impelled by wind, oars or
mechanical devices, and which are designed primarily for
recreation or vacation use. A watercraft when mounted
upon a trailer shall be considered one unit. (Ord. 915 § I
(part), 1999: Ord. 537 § 2 (part), 1988)
8.40.030 Definitions regarding land.
The definitions regarding land as applied to this chapter
are:
A. "Comer lot" means a lot at the intersection of
intersections of two or more streets.
B. "Designated driveway" means a driveway ap-
proved by the city for the exclusive use of an occupancy or
guest, made of asphalt, concrete or other approved mate-
rial.
C. "Lot line" means boundary lines of a lot.
D. "Property line" means boundary lines of a lot.
E. "Public right-of-way" means any street, alley,
pedestrian walkway, channel or bridge which the public
has a right to use.
F. "Setback area" means the area between the build-
ing line and the property line or, when abutting a street,
the ultimate right-of-way line.
G. "Space not available" means where terrain prohib-
its parking the vehicle in the side or rear yard or substan-
tial damage to existing large trees will occur if so located
in a rear yard.
H. Yard, Front. "Front yard" means that part of a lot
between the front lot line and the front(s) of the principal
building on the lot, and extended to both side lot lines.
8.40.030
I. Yard, Rear. "Rear yard" means that part of a lot
between the rear lot line and the back(s) of the principal
building on the lot, and extended on both side lot lines.
J. Yard Side. "Side yard" means that part of a lot not
surrounded by a building and not in the front or rear yard.
(Ord. 915 § 1 (part), 1999: Ord. 537 § 2 (part), 1988)
8.40.040 Measurement of recreational
vehicles.
The measurement of a recreation unit shall not exceed
one hundred two inches in width and twelve feet in height.
The height includes the trailer if a unit is mounted on the
trailer. (Ord. 915 § 1 (part), 1999: Ord. 537 § 2 (part),
1988)
8.40.050 Permitted and nonpermitted uses of
recreational vehicles.
It is unlawful for any person to park or store any recre-
ational vehicle on private property in any residential zone
in the city, except:
A. Within an enclosed building or carport conforming
with all provisions, restrictions and regulations of the zoning
and building codes of the city;
B. In rear and side yards as follows:
1. In the rear yard and if located in a side yard so
long as no part of the vehicle projects beyond the front
roof line of the house, and
2. Be screened from adjacent lots and streets by a solid
fence, wall, gate, door, shrubbery, hedge or combination
thereof to the satisfaction of the architectural review com-
mission. Said fence, wall, gate or doors must comply with
city zoning codes, and
3. Any door or gate providing screening from adjacent
lots or streets or other public rights -of -way for any vehicle
parked therein, shall be kept closed when not in use.
C. In front yards as follows:
1. When space is not available as defined in subsection
G of Section 8.40.030 in either side or rear yard, a permit
will be required to park a vehicle in a designated driveway
or other city -approved hard -surfaced areas in the front yard.
The existence of a fence or wall shall not necessarily
prevent the parking of a vehicle in a rear or side yard under
this section;
2. Permit Issuance.
a. The architectural review commission, following
a noticed public hearing, may approve and issue a permit
to park a 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, lot(s) and the public street(s).
The department of community development shall provide
a notice of the architectural review commission hearing
to property owners whose properties are within three
hundred feet of the proposed location of the recreational
vehicle at least ten days prior to the architectural review
commission hearing. The decision of the architectural review
commission shall be final unless appealed within fifteen
days of said decision.
Any person directly affected by any decision of the
architectural review commission may appeal the matter
to the city council, on the record alone. The city council
shall hold a noticed public hearing consistent with the
process delineated in Chapter 25.86, Public Hearings and
Appeals.
b. The owner of the property must submit a plot plan
of the property showing the proposed parking location of
the vehicle, and the proposed landscaping program and
verification from the public works department the vehicle
will not encroach into the public right-of-way. Property
owners being members of a homeowners association must
obtain the association's written approval prior to seeking
the city's approval and a permit.
c. Where a recreational vehicle parking site has been
issued a permit pursuant to the provisions of this section,
replacement of the recreational vehicle with another recre-
ational vehicle will not require the approval and issuance
of a new permit unless the replacement recreational vehicle
is larger than the recreational vehicle originally permitted
pursuant to this section. Any change of the originally
approved unit shall require an administrative recertification
to ensure compliance with original conditions.
d. The permit issued under this section shall inure
to the benefit of successor owners of the property and shall
run with the land. Any change of the originally approved
unit shall require an administrative recertification to ensure
compliance with original conditions.
e. The granting or denial of a permit pursuant to this
subsection shall be supported by the following findings:
i. That the proposed location of the recreational vehicle
is in accord with the objectives of this title;
ii. That the proposed location of the recreational vehicle
and the conditions under which it shall be located or
maintained will not be detrimental to the public health,
safety or welfare or be materially injurious to the properties
or improvements in the facility;
iii. That the proposed location of the recreational vehicle
complies with the goals, objectives and policies of the city's
general plan.
3. The vehicle must not encroach into the public right-
of-way and, unless an exception is granted by the city,
the vehicle shall be parked perpendicular to the public right-
of-way.
157 (Palm DeuR 8-01)
9.40.050
D. Unmounted campers and shells, because of the
potential hazards they present to persons, must be stored
in a rear or side yard or enclosed structure.
E. No vehicle shall be so parked as to interfere with
a motorist's line of sight when approaching intersections
or when exiting a designated driveway.
F. Temporary parking is limited to seventy-two hours
for the specific purposes of loading, unloading and/or
cleaning. Temporary parking of a recreational vehicle for
any other purpose is strictly prohibited without prior approv-
al of the assistant city manager of development services.
(Ord. 979 § 1, 2001; Ord. 915 § 1 (part), 1999: Ord. 630
§ 1, 1991; Ord. 583 §§ 1, 2, 1989; Ord. 537 § 2 (part),
1988)
8.40.055 Permit fees.
The city council shall establish, by resolution, a reason-
able permit fee to reimburse the city for staff time spent
to process and issue permits under Section 8.40.050. (Ord.
915 § 1 (part), 1999: Ord. 630 § 2, 1991)
8.40.060 General conditions.
A. Where the parking or storing of recreational vehicles
is permitted as provided in this chapter, the vehicles shall
not be used for living, sleeping or housing purposes.
B. No more than one recreational vehicle may be parked
or stored in the permissible front yard area.
C. A vehicle shall not be permanently connected to
sewer line, water line or electricity except for charging
batteries and other purposes, and to a water line to fill the
vehicle holding tank.
D. A person must comply with Chapter 8.32 of this
code pertaining to vehicle repairs. (Ord. 915 § 1 (part),
1999: Ord. 537 § 2 (part), 1988)
8.40.070 Violation constitutes an infraction.
Any person who violates any provision of this chapter
is deemed guilty of an infraction in accordance with Chapter
1.12 of this code. In addition, such violators permit, issued
pursuant to this chapter, may be revoked by the city council,
following a noticed public hearing. (Ord. 915 § 1 (part),
1999: Ord. 630 § 3, 1991: Ord. 537 § 2 (part), 1988)
(PaIrn ran "1) 158
ARCHITECTURAL REVIEW COMMISSION
MINUTES October 24, 2006
A. Final Drawings:
1. CASE NO: RV 06-04
APPLICANT (AND ADDRESS): DUTCH $ RUTH SNIJDERS, 43-
175 Delaware Place, Palm Desert, CA 92260.
NATURE OF PROJECT/APPROVAL SOUGHT: Requesting
approval to allow the parking of a recreational vehicle/motor-home
in the street side yard of an existing single family home.
LOCATION: 43-175 Delaware Place
ZONE: RE 40000
Mr. Stendell presented photos showing the motorhome that would
be located on the side of the applicant's house, which is on the
corner. The applicant indicated that they would be planting Indian
Laurel around the perimeter to create a hedge to cover the
motorhome.
Commissioner Van Vliet asked what the rule was regarding visibility
in the intersection. Mr. Stendell indicated it was 40 feet diagonally
both ways and it appeared that it met that requirement.
Commissioner Vuksic stated that his initial impression was that the
hedge would look awfully imposing on the street and only four (4)
feet from the sidewalk.
Mr. & Mrs. Snijders, the applicants indicated that there was an
existing driveway with a concrete pad and plenty of room for the
motorhome. There is no landscaping at this time, but they would
be continuing a hedge that already exists from the property next
door that would go to the front of the house. It would be the same
distance from the sidewalk with a little break for the driveway.
Commissioner Van Vliet asked how tall the motorhome was. The
applicant indicated that it was 11 feet tall with the equipment on top.
Commissioner Gregory indicated that there was a slope up from the
street to that pad and discussed the height of the grade. The pad
was about 30 inches above the curb and since the vehicle was 11
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ARCHITECTURAL REVIEW COMMISSION
MINUTES
October 24, 2006
feet tall it would actually be 13'/z feet tall. The applicant indicated
that the hedge would be three (3) feet higher than the motorhome.
Mr. Osmoth Lane, neighbor stated that the motorhome was too big
and should be in a RV park and felt that it would decrease the value
of the neighborhood to have it parked there. The applicant asked
the neighbor if he had a chance to look at the photos that were
submitted to see how they would be covering the motorhome. Mr.
Lane indicated that he had. The applicant indicated that there are
four (4) motorhomes parked in their neighborhood and they
checked each one to see how they were screened.
Commissioner Van Vliet felt that it was impossible to screen it
adequately in that location and even though they would be
attempting to cover it up with a landscaping, it was not normal
landscaping. It would be obvious that they were trying to hide
something. He stated that he didn't know how it could fit on that
corner.
Mr. Smith indicated that regardless which direction the Commission
would take, the party who doesn't agree has the ability to appeal
this action to the Council.
Commissioner Vuksic stated that there is a building setback and
the intent of the setback is for the building mass to be a reasonable
distance back from the street. There is probably a 15-foot side
yard setback and what will essentially happen here is something
that is as massive as a building four (4) feet from the property line
instead of 15 feet.
Mr. Snijders stated that the hedge would go as far forward as the
front of the house. Commissioner Lambell stated that she would
feel very unsafe with that line of sight. Commissioner Gregory
stated he felt the hedge would be far enough back. The
Commission reviewed the line of sight requirement and felt that the
hedge would not affect the line of sight requirement.
Commissioner Hanson stated that she was very sensitive to the
fact that people want to park their RVs on their property, but there
are times when they could be hidden well enough and not have
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ARCHITECTURAL REVIEW COMMISSION
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such an impact on the neighborhood. She felt that this would be an
impact because it was right on the street and they would be
creating a hedge that is essentially a 15-foot wall. Commissioner
Hanson made a motion for denial.
Commissioner Gregory asked for any other comments. The
applicant indicated that they would continue with the plans for the
hedge and since they have already cut the concrete and put in the
water, they would park one of their cars there instead of the
motorhome. The applicant felt that the hedge would be a great
improvement to that side of the house.
Commissioner Gregory asked if there was a requirement with
respect to code enforcement with the height of hedges. Mr. Drell
stated there wasn't a height requirement at this time.
Commissioner Gregory informed the applicants that they would
have 15 days to appeal.
Action:
It was moved by Commissioner Hanson, seconded by Commissioner
Oppenheim, to deny request due to: 1) negative impact to the
neighborhood; 2) exposing wooden fencing; 3) creating a hedge that is
essentially a 15-foot wall 10 feet from the curb; and 4) may create line of
sight issues. Motion carried 7-0.
2. CASE NO: SA 06-146
APPLICANT (AND ADDRESS): PALM DESERT
REDEVELOPMENT AGENCY, 73-510 Fred Waring, Palm Desert,
CA 92260.
NATURE OF PROJECT/APPROVAL SOUGHT: Request approval
of monument signage at One Quail Place.
LOCATION: 72-600 Fred Waring Drive
ZONE: PR-22
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