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Home My WebLink AboutMISC 08-453 - Brad Hughes CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: Request for City Council review of the Architectural Review Commission action approving a request for a color change for the Tilted Kilt restaurant located at 72-191 Highway 111. SUBMITTED BY: Kevin Swartz Assistant Planner APPLICANT: Brad Hughes P.O. Box 6713 Incline Village, NV 89450 CASE NO: MISC 08-453 DATE: January 8, 2009 CONTENTS: Exhibits ARC Minutes 11/25/08 Recommendation: That by minute motion the City Council reaffirm, the action of the Architectural Review Commission (ARC) approving a proposed color change for the Tilted Kilt restaurant. Executive Summary: Approval of the staff recommendation would allow the Tilted Kilt restaurant to remain as it was recently painted. Denial of the staff recommendation will require the Tilted Kilt restaurant to be repainted. Background: On December 11, 2003 the City Council approved Zoning Ordinance 1015A of Section 25.56 General Provisions to add Section 25.56.510, Exterior Modifications, which states: "The colors of an existing building, structure, sign, wall, fence or other improvements to real property that are visible from public right-of-way shall not be significantly changed unless reviewed and approved by the Director of Community Development or Architectural Review Commission upon appeal." Staff Report MISC 08-453 January 8, 2009 Page2of3 The applicant painted the Tilted Kilt restaurant without obtaining approval from the Director of Community Development. The applicant requested approval of staff, after Code Enforcement posted a "Stop Work Notice", but staff deferred the request to the ARC. On November 25, 2008 the applicant requested approval of a color change for the Tilted Kilt restaurant to the ARC. Discussion: I. PROJECT DESCRIPTION: The Tilted Kilt is located on the southwest corner of Highway 111 and Park View Drive within the Las Sombras shopping center. The building has been occupied by many tenants over the years, with the most recent tenant, South Beach. The applicant repainted the exterior of the building without obtaining approval per Section 25.56.510. The applicant painted the base of the building, fence, bollards, rafters, and siding, a reddish color called "Dark Red" without city approval. Code Enforcement issued a "Stop Work Notice", and told the applicant he needed approval from the Community Development / Planning Department to modify the building's paint color. The applicant met with staff and explained that he wanted to paint the building a dark red, with a green trim called "Wilderness Green". Staff conducted a field investigation of the building color and found that the dark red color had been used on other buildings as a secondary color. Staff initially believed that the dark red color was too strong by itself and that the color needed to be approved by the ARC. At the ARC meeting, staff explained that the applicant had painted the entire building, including the fence, bollards and rafters a dark red, and that the applicant was proposing a dark green trim on the eves and windows. Staff also suggested that the bollards and fencing should be painted a different color so that the dark red was not so strong. On November 25, 2008, the ARC reviewed the proposed color scheme and the applicant stated that this is the color scheme that the Tilted Kilt Restaurant owner wanted, and believed that the dark colors improved the look of the building. After staff and the applicant presented the color scheme, the Commissioners discussed the use of the dark red as a primary color. Many of the Commissioners stated that they actually liked the dark red color, but some were not sure if it should be used as the primary color of the building. Commissioner Hanson stated that she believed that the dark green trim would help break up the dark red, and if the applicant painted the fence and bollards a dark brown to match the roof material, the dark red color would be acceptable as a primary color. G:V'lanning\Kevin Swartz\Word\Tilted Kilt CC.doc Staff Report MISC 08-453 January 8, 2009 Page 3 of 3 Commissioner Hanson made a motion for approval of the color scheme submitted by the applicant, subject to staff's review of a photo illustrating the location of the dark green trim. The motion was approved on a 4-3 vote, with Commissioners Hanson, Gregory, Lambert, and Touschner voting in favor and Commissioners Vuksic, Van Vliet, and DeLuna voting no. On December 2 2008, staff received a request for review of the color approval by the City Council. II. CONCLUSION: In conclusion, staff initially had concerns with the color scheme the applicant was proposing and presented it to the ARC. On a 4-3 vote, the Commission approved the applicant's color change proposal believing that the color scheme would improve the building if used correctly. Since the ARC meeting, the applicant has finished painting the building "Dark Red", including the "Wilderness Green" for the trim. The applicant is in the process of painting the fence, railings and bollards a dark brown color that will match the existing roof color. Since the building has been repainted, staff believes that the color scheme has improved the look of the building. In addition, the applicant has also submitted a sign proposal for the building that was approved by the ARC that will complement the new building color. Staff is recommending that the City Council reaffirm the Architectural Review Commission's decision approving the building colors. Submitted By: Department Head: �� Kevin Swartz Lauri Aylaian Assistant Planner Director, Community Development ;;ITY COUNCII.��CTION: Approval: �P�RpvED DENIED RECEIVED OTHER , C( '�i��'�I� L��E — _ �°aY�S: ' �,��Homer Croy �,�� ' ACM for Development Services p,��,��; ABS`.�Alrt: . �,,� • VE�tIFIED BY: � ` �riginal on File th City Clerk's Offic��. � tl McCarthy * By Minute Motion, approved the color scheme of the Ctlll Interim Ci a ager Tilted Kilt Restaurant as presented at this meeting. 4-1 (Finertp NO) G:�Planning\Kevin Swartz\Word\Til[ed Kilt CC.doc ARCHITECTURAL REVIEW COMMISSION MINUTES November 25, 2008 IV. ORAL COMMUNICATIONS V. CASES: A. Final Drawings: 1. CASE NO: CUP 07-17, PP 07-15 APPLICANT (AND ADDRESS): THE ROBERT L. MAYER TRUST OF 1982, 660 Newport Center Dr. #1050, Newport Beach, CA 92660 NATURE OF PROJECT/APPROVAL SOUGHT: Final approval of a senior community care and healthcare facility: Oakmont Senior Living, aka Segovia. LOCATION: 73-050 Country Club Drive ZONE: PR-7 ACTION: It was moved by Commissioner Hanson and seconded by Commissioner Vuksic to grant approval by minute motion of architecture plans subject to landscaping and grading reviewed by staff. Motion carried 6-0-0-1, with Commissioner Gregory abstaining. 2. CASE NO: MISC 08-453 APPLICANT (AND ADDRESSI: BRAD HUGHES, P.O. Box 6713 Incline Village, NV 89450 NATURE OF PROJECT/APPROVAL SOUGHT: Final approval of paint color change; Tilted Kilt. LOCATION: 72-191 Highway 111 ZONE: P.C. (3) — SP Mr. Bagato presented the project and stated that the applicant was painting without approval and received a stop work notice. G:\Planning\Janine Judy\Word FilesW Minutes�2008WR081125.min.doc Page 2 of 9 ARCHITECTURAL REVIEW COMMISSION MINUTES November 25, 2008 Mr, Brad Hughes, property owner, presented photos of the project and read a letter from the president of the Tilted Kilt explaining how and why the colors were chosen. The Commission asked for details of where the two colors would be located. Commissioner Hanson made a motion for approval and Commissioner Lambell made the second. Commissioner Gregory indicated that it was open for discussion. Commissioner Vuksic stated that he liked the color but it was too much of one color. Commissioner Hanson stated that the trim would be green and Commissioner Vuksic said that he didn't know what they intended to paint green. He pointed out that the railings and detailing were all red. Mr. Bagato stated that he didn't have a problem with the color used as a secondary color, but not as a primary color. Commissioner Vuksic stated that it is a good color used in the right context in the right amount and stated again that everything was red even the rafters and sidings. Mr. Hughes stated that if the Commission approves this and they didn't like the finished product, he would repaint it. Commissioner DeLuna stated that it was too solid, too dark and too much of one color. Commissioner Gregory stated that there was a motion and a second to approve the paint colors with the understanding that the trim is still coming and that it will be green. He requested that the applicant bring in photos indicating where the trim will be located. Mr. Hughes pointed out where the trim would be located. Commissioner Hanson stated that the shopping center right next to this building was just repainted in a similar color. Commissioner DeLuna said that this was like a railroad car. Commissioner Hanson pointed out that the whole center was a railroad car. Commissioner Gregory called for a vote. Motion passed 4-3. Mr. Bagato stated that there is a fifteen day appeal period and informed Mr. Hughes that he would be painting at his own risk because Council may decide to call it up and change it. ACTION: It was moved by Commissioner Hanson and seconded by Commissioner Lambell to grant approval subject to: 1) submit photos of where the green trim will be located, and 2) reviewed by staff. Motion carried 4-3, with Commissioners Vuksic, DeLuna and Van Vliet voting NO. G:\PlanninglJanine Judy\Word FilesW Minutes�2008WR081125.min.doc Page 3 Of 9 �-,�_� CITY OF PALM DESERT, CALIFORNIA � � REQUEST FOR CITY COUNCIL REVIEW DECISION OF THE Architectural Review Commission (Name of Determining Body) Case No. Mis�. 08-453 Date of Decision: 11/25/oa Project Proponent: Brad Hughes - The Tilted Kilt Address: P•o. soX 6713 Incline Village, NV 89450 Description of Application or Matter Considered: coior of paint for The Tilted Kilt at 72-191 Highway 111 ��a r-. . .�.�r r� t�.;°�f�:. � a a.A�,��'� [,•,, � ��- ;il � "�-�J"3 '�:.f,..e°{�:.La3 � . �...*�.y.��.-a � Memb of t e City Coun _�c�-�� ' .. ca� ;�; �., _ . � ,_ " �:: �'' � FOR OFFICIAL USE ONLY Date Filed:� •°��— �--- 6S� Received by: � �� Date of Consideration by City CounciL• �17 Action Taken: Date: Rachelle D. 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