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Home My WebLink AboutRV 09-360 - J.Cruz 73110 Guadalupe Ave 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 to park a recreational vehicle in the front yard three days a week for six months at 73-110 Guadalupe Avenue. SUBMITTED BY: Kevin Swartz Assistant Planner APPLICANT: Julio C. Cruz 73-110 Guadalupe Avenue Palm Desert, CA 92260 CASE NO: RV 09-360 DATE: October 8, 2009 CONTENTS: Photos ARC Minutes dated August 25, 2009 Recommendation: That by minute motion the City Council reaffirm the action of the Architectural Review Commission; (ARC) approval of parking a recreational vehicle in the front yard of a single-family residence on Fridays, Saturdays, and Sundays for six months at 73-110 Guadalupe Avenue. Executive Summary: Approval of the staff recommendation would allow the applicant the ability to park a Recreational Vehicle (RV) in the front yard three days a week on Fridays, Saturdays, and Sundays for six months. The applicant was also conditioned to return with an application for a fence and gate at the end of these six months. The applicant parked the RV on the property without receiving approval, and he received a Notice of Violation from City's Code Enforcement Department. On August 25, 2009, the Architectural Review Commission reviewed the application and approved the request to store the RV in the front yard of the property three days a week for a six month period. Staff Report RV 09-360 October 8, 2009 Page 2 of 5 Background: On June 10, 1999, the City Council approved Ordinance 915, amending Chapter 8.40 of the Palm Desert Municipal Code relating to Recreational Vehicles (RV) on private properry. Section 8.40.050 addresses permitted and non-permitted uses of an RV. The ordinance requirements are as follows: The measurement of a RV shall not exceed 12 feet in height, which this RV falls under, as measured to its highest point. Furthermore, the Architectural Review Commission may approve and issue a permit to park a recreational vehicle in the front yard 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 and public streets. The applicant submitted an application to store an RV on his properry after receiving a Notice of Violation from Code Enforcement. On August 25, 2009, the request to park an RV in the front yard was reviewed by the ARC. After the Commission reviewed the case and discussed it, the request was approved only to park the RV on the property on Friday, Saturday, and Sunday. The Commission also placed a condition that within six months from the approved date, the applicant must return for approval of a fence and gate. Discussion: The subject property is located east of Monterey Avenue, south of Fred Waring Drive and north of Highway 111. The applicant requested approval to store a nine-foot high RV in the front yard. The RV is screened from the west and east side by existing landscaping. The RV is approximately 20 feet back from the property line and is not located behind a gate. On August 25, 2009, staff presented the applicant's request to the ARC. The applicant stated that the RV will only be stored on his property on Fridays, Saturdays, and Sundays. The RV is stored in La Quinta during the remainder of the week. The applicant uses the RV only on weekends for the College of The Desert Street Fair. Commissioner Lambell asked why the trailer couldn't stay in La Quinta the entire week. The applicant said that he sells water at COD and it's delivered to his home, and it's easier to have the RV at the house and ready to load. Commissioner Gregory stated that this was a tough issue; the trailer is very small and pulled way back and not permanently parked. However, the ordinance states that it must be adequately screened from the street. G:�PlanningUCevin Swartz\WordUNisc;\Guadalupe ry CC.doc Staff Report RV 09-360 October 8, 2009 Page 3 of 5 Commissioner Van Vliet stated that it looks a lot better than having an RV parked out there, not screened at all. He thought that by approving the trailer it would open up a Pandora's Box, since it would set precedent. Commissioner Gregory made a motion to approve the trailer parked at the residence on Friday, Saturday and Sunday evenings only on the condition that the applicant receives a business license and a Home Occupation Permit. Commissioner Lambell felt this was a compromise that would work. She also stated that it wouldn't work if it were orange and suggested that the cover remains on the trailer. Commissioner Touschner seconded the motion. Commissioner Gregory asked if there were any further comments. Commissioner Vuksic said that he understands that the applicant is trying to run his business, but the fact is that he is storing a really big object in the front of his house. He doesn't like the precedent that it sets, even if it's just for the weekend. Commissioner Van Vliet said that he can't support the motion because of the lack of screening which goes against the ordinance. Commissioner Vuksic expressed that the trailer is probably even more visible then it appears in the photos. He said that the Commission has always had a really hard time with RVs stored in the front of a house because there is no effective way to screen them, even if you landscape in front of them because it just doesn't look natural. He didn't know what else to suggest other than trying to get it into the side yard of the house. The applicant said that he is on a really tight budget and cannot remodel the roof at this time, but that he would be able to do it in a couple of months once business picks up. Commissioner Lambell said that she would have a much different attitude about it if it was there seven days a week and if someone comes in the Commission can say that he is only parking it there Friday, Saturday and Sunday night only and it is not there during the day at any time. Commissioner Levin asked if the Commission could conditionally approve this for a short time and asked if they could continue it for 90 days and then take a look at it. Ms. Aylaian stated that they are presenting to the City Council this week a moratorium on approving the screening of RVs and if this request has not been approved as of the date that the moratorium is declared, he won't be able to get it approved until or unless the ordinance is revised and comes back to this Commission for consideration. Mr. Cruz said that he would be cutting the eave back so that he can pull his trailer back into the side yard of the house. The Commission discussed cutting the eave back and Commissioner Van Vliet asked how much it would have to be cut back. Mr. Cruz said, G:�Planning\Kevin Swartz\WordUvtisc\Guadalupe ry CC.doc Staff Report RV 09-360 October 8, 2009 Page 4 of 5 "About two feet." Commissioner Vuksic stated that it wasn't just a matter of pushing it back; he would also have to put a gate in front of it. Mr. Cruz stated that he is planning on putting a gate there as well. Commissioner Gregory restated his motion to grant a provisional approval for a period of six months, subject to approval of the applicant's business license and HOP with the understanding that the trailer will always be covered; at the end of six months the applicant must provide some type of fence and gate to be reviewed and approved by the Commission; and that the trailer only be stored on Friday, Saturday and Sunday evenings. Commissioner Van Vliet asked if they were approving it for six months to resolve the problem and Commissioner Gregory said yes. Commissioner Van Vliet said that the applicant could ignore the problem and then bring it back to the Commission. Commissioner Touschner said that they are looking for a solution that provides more screening than he currently has. Commissioner Gregory said that from his prospective the applicant is trying to run a business and this is the last opportunity he has to get it approved before the moratorium goes into effect. Commissioner Lambell reiterated that the motion stating that one of the conditions is that he obtains the HOP. The vote carried 4-2, with Commissioners Vuksic and Van Vliet voting no. Conclusion: The case was approved by the ARC at the August 25, 2009 meeting. Staff is recommending that the City Council reaffirm the Architectural Review Commission's decision approving the request to park an RV in the front yard on Fridays, Saturdays, and Sundays for six months. Within six months the applicant will come back with a plan that will locate the RV on the side yard, and will screen it so that it blends in with the architecture of the home. Submitted By: Department Head: (.�.�; Kevin Swartz Lauri Aylaian Assistant Planner Director, Community Development A pr v : � CITYCOUNCtLACTION APPROVED DF.NiF,D `� r RECEtVED OTHER JoYi . Wohlmuth City anager MEFT G DATE - AYF.S � ' - NOF,S: ABSENT� 1��1� G:�Planning\Kevin SwaRz\Word4�lisc\Guadalupe ry CC.doc A I3STA I N: vFu�FrE� t�v: n.........�� _� r..��- ----.._ .,.. ( .. . . �,.._ �_�_� CITY OF PALM DESERT, CALIFORNIA � � -- REQUEST FOR CITY COUNCIL REVIEW DECISION OF THE: Architectural Review Commission (Name of Determining Body) Case No. RV 09-360 Date of Decision: August 25, 2009 Project Proponent: Julio Cruz Address: 73-110 Guadalupe Avenue a t-;, o -�� r Description of � �m;�: Application or Matter Considered: -- �`'�� i°1 ��...� � �. �MM`'' Approval to park a RV (utility trailer) in the front yard. � -�o� •� C�T �n � m COPYTO ��t ��= DATE � r -"'-'—' M er f the City Council .�� ?� _�- . ,�� FOR OFFICIAL USE ONLY Date Filed: CT� - �� Received by: Action Taken: Date: Rachelle D. Klassen, City Clerk W:\City Templates\City WordPerfect Templates\cncl req for review-no lines.wpd 5/21/03 . ARCHITECTURAL REVIEW COMMISSION MINUTES August 25, 2009 V. CASES: A. Final Drawings: 1. CASE NO: RV 09-360 APPLICANT (AND ADDRESSI: JULIO CRUZ, 73110 Guadalupe Avenue, palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Approval to park a RV (utility trailer) in the front yard. LOCATION: 73-110 Guadalupe Avenue ZONE: R-2 (7) Mr. Swartz presented this project and stated that this is an approval to park a utility trailer in the front yard. The utility trailer is 9' in height and will only be stored at this residence on Friday, Saturday and Sunday evenings. The applicant uses the utility trailer on the weekends for the COD street faire and is stored in La Quinta for the remainder of the week. The trailer is covered and has rose bushes and trees near it for screening and landscape. He stated that the applicant could push the trailer back, but the roof slopes down and the applicant would have to cut into the roof in order to get it on the side yard. The applicant is trying to keep his costs down and the side yard is not the area he would like for this to go, but if it means keeping the trailer on his lot, then he will do that. Mr. Swartz informed the Commission that a notice was mailed to property owners within 300 feet of the property and asked if there was anyone in attendance who was in favor of or in opposition for this request. None were noted. Mr. Julio Cruz, applicant stated that he is trying to get approval for the trailer so he can get a business license. He explained that he uses the trailer to haul stuff because he is a vendor at the College of the Desert (COD) street faire and uses the trailer Friday, Saturday and Sunday only. Commissioner Levin asked the applicant if during the days on Friday, Saturday and Sunday he had the trailer at COD and Mr. Cruz stated that was correct. Commissioner Lambell asked why it couldn't stay in La Quinta the entire week. Mr. Cruz said that the water he sells at COD is delivered to his home so that it is loaded and ready for the weekend. G:\PlanningWanine Judy\Word FilesW Minutes�2009V1ROgpgpSmin.doc Page 2 of 22 ARCHITECTURAL REVIEW COMMISSION MINUTES August 25, 2009 Commissioner Gregory said this is a tough one, it's a very small trailer and pulled way back and not permanently parked. This is hardly the equivalent of a giant airstream trailer or a 13' tall boat, however the ordinance states that it be adequately screened from the street. Commissioner Vuksic stated that every once in a while they get a utility trailer which are flat beds, a darker color, and only 4' high or less and those don't seem very noticeable. He stated that it appears the applicant takes good care of his trailer, however the cover makes it look like it is stored there. Mr. Cruz stated that he just purchased the cover and that it matches his neighbor's house. Mr. Swartz said that the actual trailer is orange in color. Commissioner Lambell wanted to clarify that the trailer was only there Friday, Saturday, and Sunday nights and then it goes back to La Quinta for the rest of the week. She felt that the cover was better than the orange; however she pointed out that it is not adequately screened as the ordinance requires. Commissioner Gregory said if this is only occasionally parked and the neighbors don't have a problem with it, and it is quite small he thought they could make a provision to check back in a year with the condition that it must be adequately screened as required in the ordinance. Commissioner Van Vliet stated that it looks a lot better than having a recreational vehicle (RV) parked out there, but it is not screened at all. He thought that by approving the trailer it would open up a Pandora's Box then someone would bring in a picture saying the Commission approved this. Commissioner Gregory asked if there is a way to screen it that would meet with the Commission's approval. Mr. Swartz stated that there is plenty of room on the side of the house for it to be pushed back, but the roof slopes down and suggested that the applicant consider cutting the eave off. Commissioner Lambell asked Mr. Hart Ponder, Manager of Code Compliance if the applicant could get a permit to park his trailer on the street for 72 hours. Mr. Ponder said that this is a commercial trailer and not a RV and thought that the intent of the Recreational Vehicle ordinance is for RVs and not trailers of a commercial nature. Since the applicant is bringing the trailer home and storing things for his business he thought the applicant should have a Home Occupational Permit (HOP) because it impacts his home. Commissioner Lambell asked if a HOP is the same as a business license. Commissioner Levin stated they are two separate permits. Mr. Ponder said that a business license is for tax purposes and the HOP permit is a process that allows you have your business in a G:\PlanningWanine Judy\Word FilesVl Minutes�2009WA090825min.doc Page 3 of 22 ARCHITECTURAL REVIEW COMMISSION MINUTES August 25, 2009 residential home. Commissioner Lambell asked Mr. Cruz if he was aware of both of these permits. Mr. Cruz said that he was only aware of the business license. Commissioner Levin asked if he was operating his business out of his home and Mr. Cruz answered that he was not. He stated that he was only storing waters there for the COD street faire and not selling anything from his home. Commissioner Levin thought that the applicant didn't qualify for the HOP. Mr. Ponder said that anytime you are bringing products home relating to your business and stored there then you are using a residential area for commercial purposes; which would be storage. Commissioner Vuksic asked if anyone with a HOP would be allowed to store things like that at their house. Mr. Ponder stated that you go through a process with Planning and then an inspector goes out and takes a look at it. The inspector then will determine how that would be addressed based on a lot of issues and impacts. Ms. Lauri Aylaian, Director of Community Development said that it is approved much like a Conditional Use Permit (CUP) with conditions of approval attached. Commissioner Touschner mentioned that if the applicant is not able to get a HOP then this request would not need to be approved. Commissioner Vuksic said that other applicants have come here with trailers that are used for business purposes and park them at their home and wondered how that is different. Commissioner Gregory made a motion to approve it to be parked at the resident on Friday, Saturday and Sunday evenings only on the condition that the applicant receives a business license and a HOP worked out in advance. This would be a special situation as opposed to if it were a RV. Commissioner Lambell felt this was a compromise that would work. She also stated that it wouldn't work if it were orange and suggested that the cover remains on the trailer. Commissioner Touschner seconded the motion. Commissioner Gregory asked if there were any further comments. Commissioner Vuksic said that he understands that the applicant is trying to run his business, but the fact is that he is storing a really big object in the front of his house. He doesn't like the precedent that it sets even if it's just for the weekend. Commissioner Van Vliet said that he can't support it because of the lack of screening which goes against the ordinance. Commissioner Vuksic expressed that it is probably even more visible then it appears in the photos. He said that the Commission has always had a really hard time with RVs stored in the front of a house because there is no effective way to screen them, even if you landscape in front of them because it just doesn't look natural. He didn't know what else to suggest other than trying to get it into G:\PlanningUanine Judy\Word FilesVl Minutes�2009V�R090825min.doc Page 4 of 22 ARCHITECTURAL REVIEW COMMISSION MINUTES August 25, 2009 the side yard of the house. Mr. Cruz stated that he is on really on a tight budget and cannot remodel the roof at this time. He said that he would be able to do it in a couple of months once business picks up. Commissioner Lambell said that she would have a much different attitude about it if it was there seven days a week and if someone comes in the Commission can say that he is only parking it there Friday, Saturday and Sunday night only. It is not there during the day at any time. Commissioner Levin asked if the Commission could conditionally approve this for a short time and asked if they could continue it for 90 days and then take a look at it. Ms. Aylaian stated that they are presenting to the City Council this week a moratorium on approving the screening of RVs and if this request has not been approved as of the date that the moratorium is declared, he won't be able to get it approved until or unless the ordinance is revised and comes back to this Commission for consideration. She asked the applicant what he is proposing to do in 90 days. Mr. Cruz said that he would be cutting the eave back so that he can pull his trailer back into the side yard of the house. The Commission discussed cutting the eave back and Commissioner Van Vliet asked how much it would have to be cut back. Mr. Cruz said about two feet. Commissioner Vuksic stated that it wasn't just a matter of pushing it back; he would also have to put a gate in front of it. Mr. Cruz stated that he is planning on putting a gate there as well. Commissioner Touschner said that if you can't get the HOP then this whole issue goes away and felt they were trying to come up with solutions before they know. Ms. Grisa said there is no reason why the HOP would be denied; it is a trailer that should be screened which is up to the Architectural Review Commission (ARC). The applicant isn't conducting business at that location and is just parking the trailer there three nights a week. Ms. Aylaian said that the HOP would likely say that he is permitted to store no more than one trailer on the site, not to conduct anything associated to his business going forward and because ARC approved it he would be allowed to park one vehicle. Commissioner Gregory restated his motion to grant a provisional approval for a period of six months, subject to approval of the applicant's business license and HOP with the understanding that the trailer will always be covered; at the end of six months the applicant must provide some type of fence and gate to be reviewed and approved by this Board; and that the trailer only be stored on Friday, Saturday and Sunday evenings. Commissioner Van Vliet asked if they were approving it for six months to resolve the G:\PlanningWanine Judy\Word Files�A Minutes�2009WR090825min.doc Page 5 of 22 a ARCHITECTURAL REVIEW COMMISSION MINUTES August 25, 2009 problem and Commissioner Gregory said yes. Commissioner Van Vliet said that the applicant could ignore the problem and then bring it back to the Commission. Commissioner Touschner said that they are looking for a solution that provides more screening than he currently has. Commissioner Gregory said that from his prospective the applicant is trying to run a business and this is the last opportunity he has to get it approved before the moratorium goes into effect. Commissioner Lambell asked the applicant why the trailer couldn't be stored in La Quinta full time. Mr. Cruz stated that he receives his shipment of water on Thursdays and loads them Friday night to be ready early on Saturday morning for the street faire. The Commission discussed the issue of the applicant running a business out of his home which may be an issue. Commissioner Gregory stated that this may be a mute point if he doesn't get the HOP. Ms. Aylaian asked if there were other deliveries and the applicant said no. Commissioner Lambell reiterated that the motion states that one of the conditions is that he obtain the HOP. There being no further discussion a vote was taken. The vote carried 4-2, with Commissioners Vuksic and Van Vliet voting NO. ACTION: It was moved by Commissioner Gregory and seconded by Commissioner Touschner, to grant provisional approval for six months subject to: 1) obtaining an approved Business License and a Home Occupancy Permit; 2) trailer allowed on site Friday, Saturday and Sunday only; 3) six months from approved date, cut two feet off roof and provide a gate to screen trailer; 4) cover to remain on the trailer at all time; 5) plans to be reviewed by staff prior to returning to the Architecture Review Commission for final approval. Motion carried 4-2, with Commissioners Vuksic and Van Vliet voting NO. G:\PlanningWanine Judy\Word FilesW Minutes�2009WR090825min.doc Page 6 of 22 �6 � '..Y. .'- y il2 �. yy iY T� e �F�'x, 9. ' =si. "5µ$ i "``� ' � x . .i � � .. � �� . � �` � � �!.'� � S s, � ,V _ � . :�. ';,� ��i ' g '.t' � p�G. , � 21�. � � .� � � � rt - ��:ti �.Yt.. ... �a. x-� Vx' �,+� � U:'. �- _ � wv � r . o- � .. 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