HomeMy WebLinkAboutMISC 09-482 - S.Smith (73-526 Ironwood St) CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: APPROVAL TO STORE A RECREATIONAL VEHICLE IN THE SIDE
YARD OF A RESIDENCE LOCATED AT 73-526 IRONWOOD STREET
SUBMITTED BY: Missy Grisa, Assistant Planner
DATE: January 14, 2010
CONTENTS: Site Plan
Site Photos (2 pages)
ARC Minutes December 8, 2009
Recommendation
By Minute Motion, that the City Council provide staff direction on permitting the
location to store a recreational vehicle (RV) in the side yard of a residence located
at 73-526 Ironwood Street.
Executive Summary
The applicant is requesting approval to park a RV in the side yard of his residence. The vehicle
is parked in this location currently, but not as proposed.The RV parking location with conditions
was approved at the December 8, 2009, Architectural Review Commission meeting.A Request
for City Council Review was filed on December 17, 2009, within the 15-day appeal period.
Commission Recommendation
The Architectural Review Commission granted approval subject to:
1. The RV being substantially screened by landscape grown to a 9' height within
one year; and
2. The gate directly in front of the RV must remain closed when not in use and daily
business activities involving the adjacent golf course can be accessed from the
other residential entrance gate; and
3. Planting material to be reviewed and approved by the Landscape Specialist.
This motion carried 3-2-1-0, with Commissioners Lambell and Van Vliet voting no and
Commissioner Gregory abstaining.
Two complaints were received regarding the proposed RV parking location prior to and at this
meeting on December 8, 2009.
73-526 RV Storage
MISC 09-482
January 14, 2010
Page 2 of 3
Backqround
A. Property Description:
The subject parcel is located on the northeast corner of Ironwood Street and Burroweed Lane.
B. Zoning and General Plan Designation:
Existing ` Proposed
General ` R — L Low Density Residential No Change
Plan
Zoning R-1 20,000 Residential Single Family No Change
C. Adjacent Zoning and Land Use:
Existing General Plan Zoning
Land Use Designation Designation
Project Residential Low Density R-1 20,000
Site Residential Residential Single Family
North Residential Low Density R-1 20,000
Residential Residential Single Family
East Residential Low Density R-1 20,000
Residential Residential Single Family
South Residential Low Density R-2 8,000 and O.S.
Residential Shadow Mountain Resort
West Residential Low Density R-1 20,000
Residential Residential Single Family
Proiect Description
The RV is currently parked in the proposed location and an existing 5' high block wall surrounds
the property as well as a gate to enter the property.The applicant has proposed moving the RV
back 6' away from the side property line and continuing to plant Pink Powder Puff vines along
the wall to grow 9' tall on steel posts and wire until mature. The RV measures 12' tall, 44' long,
and 8' wide. The 9' hedge would essentially cover 75% of the RV, but take some time to grow
and create a solid screen unless planted densely and at a mature height upon approval.
Analvsis
The RV is pushed back quite far from the view on Ironwood Street, yet staff has taken photos
and evaluated the location on two occasions with the RV in plain sight and highly visible due to
the open gate and the minimal east side screening. Currently, only 5' of the 12' height is
screened from the adjacent neighbor and the RV is immediately adjacent the wall. With the
proposal, 9'of that 12'would be potentially screened from a consistently maintained hedge and
G:\Planning\Missy GrisaWRC CasesV3-526 Ironwood St.RV�Council Staff Report.doc
73-526 RV Storage
MISC 09-482
January 14, 2010
Page 3 of 3
the RV would be moved 6' away from the side property line. The staff conditioned
recommendation of approval brought forward to ARC matched the conditions placed upon the
applicant by the Commission.The storage location as proposed and conditioned does meet the
ordinance currently in effect.
Since a moratorium was immediately put into effect_at the December 10, 2009 City Council
meeting, staff discussed the options available to the City Council with the City Attorney.The RV
parking location was approved at the December 8, 2009 ARC meeting. A Request for City
Council Review was filed on December 17, 2009 where a final decision may be made at the
January 14, 2010 City Council meeting. The City Attorney informed staff that the City Council
may choose to uphold the moratorium that was put into effect where no permits are issued, or
may override the moratorium and approve the proposed RV parking location.
Staff based their previous recommendation of approval upon the current ordinance in place.The
applicant did receive an approval from the Commission based on that code, defined as
adequately screened. The moratorium was passed two days later. Staff is requesting Council
direction on how to proceed with the RV permit with the moratorium in effect and the re-write in
process of Chapter 8.40(Recreational Vehicles on Private Property)of Title 8(Health and Safety)
of the Palm Desert Municipal Code.
Fiscal Analvsis
There is no fiscal impact regarding the approval of the parking permit to store the RV in the side
yard of the residence located at 73-526 Ironwood Street.
Submitted by: Department Head:
,
�
Mi y Grisa Lauri Aylaian
Assistant Planner Director of Community Development
CITY COUNCILt�Q'I'ION
APPROVED �� DENiI�D ,_ � ..
Ap val• RECEIVED OTHER -
MEET DATE
AYFS: •�
J M. Wohlmuth NOES: '
' y Manager ABSENT: °
ABSTAIN:
VERIFIED BY:
Ori inal on Fi1g w�th �y ' p�}'
* By �nute Motion, a�f'irme �he ��chitectural Review
Co�ission's approval of Case No. MISC 09-482,
allowing for the parking of an RV in the side yard
of the residence located at 73-526 Ironwood Street,
subject to all conditions. 3-2 (Benson, Finerty NO)
G:\Planning\Missy GrisaWRC Cases\73-526lronwood St.RV�Council Staff Report.doc
�._�,� CITY OF PALM DESERT, CALIFORNIA
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REQUEST FOR CITY COUNCIL REVIEW
DECISION OF THE: Architectural Review Commission
(Name of Determining Body)
Case No. Misc 09-482 Date of Decision: Dec. 8, 2009
Project Proponent: Stanley R. Smith
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Address: 73-526 Ironwood Street, Palm Desert, CA 92260 � �. -
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Final approval to store a RV in the side yard of a residence. `•"' �-';
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FOR OFFICIAL USE ONLY
Date Filed: � — Received by: �c�
Action Taken:
Date:
Rachelle D. Klassen, City Clerk
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ARCHITECTURAL REVIEW COMMISSION
MINUTES December 8, 2009
3. CASE NO: MISC 09-482
APPLICANT (AND ADDRESS): STANLEY R. SMITH, 73-526
Ironwood Street, Palm Desert, CA 92260
NATURE OF PROJECT/APPROVAL SOUGHT: Final approval to
store a RV in the side yard of a residence.
LOCATION: 73-526 Ironwood Street
ZONE: R-1, 20,000
Ms. Grisa presented the project and summarize� th� staff report.
The RV has been parked in the current location for c{uite some time
and an existing block wall surrounds fhe property as well as a gate
to enter the property. The applicant has proposed moving the RV
back 6' away from the property line` and cantinuing to plant
bottlebrush vines along the wall to grow 9` ta11 on stakes and wire
until mature. The RV measures 12' tall, 44' kong, and 8' wide. The
9' hedge would essentially �over 75% of the RV, but take some
time to grow and crea#e a solid screen unless planted densely and
at a mature height ofi 9' upon approval. The RV is located away
from the stre�t, but staff h�s driven by to take photos and evaluate
the IocatiQn on two occasians with the RV in plain sight due to the
open gate. Gurrently, only 5' of the 12' height is screened from the
adjacent neic�hbor and the RV is adjacent the wall. With the
proposal, 9� c�f that 12' would be potentially screened from a
consistently maintained hedge. Although, the new RV ordinance
has nat been approved, the recommendation in the proposed
amendment is to screen 75% of the RV at time of planting
installatic�n upon approval; and the plant should be capable of full
growth to sereen the RV 100%. The storage location as proposed
and conditioned would meet the ordinance currently in effect. She
pointed out that in a photo submitted by the applicant it she does
not believe that it is bottlebrush, so staff has to make sure that that
bush or shrub can grow 9' tall to properly screen the RV. Staff
recommends approval of the proposal as conditioned to park the
RV in the side yard of the residence located at 73-526 Ironwood
Street. Ms. Grisa stated that she visited the property to take photos
and both times the gates were left opened and recommended that
the gates are kept closed when not in use to help screen the RV
from the front; otherwise there is a direct view from the public right
of way which staff is trying to eliminate.
G:\PlanningWanine Judy\Word Files�A Min�tes�2009V1R091208min.doc Page 3 of 8
ARCHITECTURAL REVIEW COMMISSION
MINUTES December 8, 2009
Ms. Grisa stated that this was noticed and staff has received two
complaints on the RV. She asked if there was anyone in
attendance who wanted to speak to the Commission in favor of or
opposition to. Ms. Susan Carney, neighbor stated that she has the
property adjacent to the RV and her concern is a fire and safety
issue because it was parked so close to the property line. She said
that an RV holds diesel fuel and propane tanks and asked the
Commission to take this into consideration.
Ms. Suzanne Pride, neighbor presenteti"photos of a garage in the
neighborhood for a large RV and said this neic�hbor thought of the
aesthetics of the neighborhood and enhanced nei�hborhood. She
asked the Commission to requesfi Mr. Smith to either build a garage
or to store the RV off site at a stc�rage facility. She presented
photos of Mr. Smith's RV and the adja�ent neighbor's property and
pointed that a large portion of the I�V will still tower over the
, screening material. She pointed out that if this is approved then
there will be other people in the neighborhac�d doing the same thing
with their large RVs, which wil[ be partially covered with shrubs or
bushes. She stated there are a (vt of old homes that are soon to be
remodeled and stated that the City Council has done an
exceptional job of t�elpirtg to maintain the aesthetics in the
neighborhood and asked that the Commission consider the same
thing here. She mentioned tha� Mr. Smith has done a beautiful job
remodelirrg #he home which was a sore spot in the neighborhood
for a lor�g tim�.
Cornmissioner Vu�si� asked if the RV complies with the current
ordinance and th� proposed ordinance, as far as the property line.
Ms. Gris� said that it is not parked 6' away from the property line.
The last time staff brought the amended ordinance through the
Committee 'came to a compromise to have 6' away from the
property. line and screened 75% of the height of the RV with the
�►lanting capable of growing to full growth to screen the entire RV.
She said that the applicant is proposing to screen it 9' and park it 6'
away. The Commission felt that the applicant couldn't get it 6'
away and Ms. Grisa said it would be very close. Commissioner Van
Vliet stated that he reviewed the property from the street and it
looks like the eave overhang of the guest house flushes out with
the corner of the garage; so the closest it could be would be the
corner of the garage. Mr. Stanley Smith, applicant stated that right
now it is centered but he can move it over to 6'-4" if he puts it tight
against the guesthouse.
G:\PlanningWanine Judy\Word FilesW Minutes�2009Wfi091208min.doc Page 4 of 8
ARCHITECTURAL REVIEW COMMISSION
MINUTES December 8, 2009
Mr. Bagato stated that the applicant complies under the current
ordinance with it being substantially or adequately screened and he
is proposing modifications to be consistent with the new code. Mr.
Smith stated that he meets every requirement and is willing to
comply with the proposed ordinance as well. Ms. Grisa said that in
staff's opinion at this time it is not adequately screened, but the
applicant is proposing to screen it with additional landscaping.
Commissioner Levin asked if the gat� is k�pt shut and Mr. Smith
stated that he is the volunteer greens supe�intendent at the golf
course next door and is in and out of his yard ab�ut 25 times a day.
Commissioner Levin asked if he would b� willing to put a secondary
gate back by the garage so the g�t�e by the RV can r�main closed.
Mr. Smith stated that he has the s�me type of gate c►n the other
side of his circular driveway and he will start using that gate.
Commissioner Levin asked how fast bottl�brush grows and Ms.
Diane Hollinger, Landsca�►e ,Specialist stat�d that it is not about
how fast it can grow, which is moderate, it'� not a vine so it will
need a lot of support. A screen wall will have to be put up for the
plant to attach to it and didn't thi�l� he could have a high enough
screen wall. Mr;:Smith stated that th� wall is 6' so he would have to
add a screen wall for 3'.
Commissioner Vuksic state�l' that he didn't see why they cannot
approye it. It is substantially screened or will be and ironically it will
be much more screened when the house next door is completed.
He understands hc�w the neighbors feel, but it is absolutely going to
be substantially screened. The Commission discussed what type
of shrubbe,ry wouid be needed to sustainably screen the unit up to
12' high and the type of trellis that could be used. Mr. Smith stated
that it's been two years since the plants have been there and they
completely cover the wall. He didn't see a problem of making it
wor{�. ' Commissioner Touschner stated that they have been
focusing on the front and the side and asked if this was creating an
eyesore for any of the neighbors in the back. Mr. Smith said that
the neighbors in the back sit about 10' to 12' below his property.
Commissioner Vuksic stated that what makes this works is the way
the adjacent house is positioned on the site and it's really the
structure of the house that is up against the RV; it's not like the
backyard is looking into the RV. Even though it's not the neighbor's
obligation they could plant some trees on their side yard to screen it
G:\PlanningWanineJudy\Word FilesW Minutes�2009WR091208min.doc Page 5 of 8
ARCHITECTURAL REVIEW COMMISSION
MINUTES December 8, 2009
even more if they were sensitive to it. He stated that he wouldn't be
comfortable with it being next door.
Commissioner Lambell asked how much room the fire department
requires around the vehicle for access. Mr. Bagato stated that they
don't require any room around vehicles, but for other areas they try
to get three to five feet around A/C equipment and other things on
the sides of homes. As long as one side of the house has clear
access it is acceptable. Ms. Grisa stated that she received a letter
from Chief Cooley stating that he had issues with RVs being stored
on the side yard, but he didn't indicate a certa�n width for access.
Commissioner Lambell stated that she had a pr�blem witt� how it
looks and how the gate appears to alw�ys be open and with the
difficulty of the planting material to'grc�w to a heighf`th�t will screen
the unit from the neighbor. Sh� said that she wouldn't be
comfortable with it being next daor either. Mr. Smith stated that he
is in compliance with the code 100% and if fihe Commission wanted
him to plant something differ�nt from what is there, he didn't have a
problem with that.
Commissioner Vuk�ic made a motion to`approve the RV as it meets
our current guidelines. Cvmmissic�ner Touschner made the second
and added that the applicant needs to work with staff to make sure
that the planting will be sub�tantially screened within a year.
Commis�sianer Levin added' that the gate shall remain closed,
except when opened for access. Ms. Hollinger stated that the plant
it�elf will need. additional support to achieve that height; a wire is
not'going to do it. �ommissioner Vuksic amended his motion that
the gate directly irt front of the RV is to remain closed when not in
use and daily business activities involving the golf course can be
access�d frvm the other gate, and the planting material to be
reviewed and approved by the Landscape Specialist.
ACTION;
It was 'moved by Commissioner Vuksic and seconded by Commissioner
Touschner, to grant approval subject to: 1) RV being substantially screened
� and landscape grown to a 9' height within one year; 2) the gate directly in
front of RV to remain closed when not in use and daily business activities
involving golf course can be accessed from other gate; and 3) planting
material to be reviewed and approved by the Landscape Specialist. Motion
carried 3-2-1-0, with Commissioners Lambell and Van Vliet voting NO and
Commissioner Gregory abstaining.
G:\PlanningWanine Judy\Word FilesW Minutes�2009WR091208min.doc Page 6 of 8
,
12-9-09
City of Palm Desert � _ .
73-510 Fred Waring Drive � > _
Palm Desert, CA 92260 � =
City Mayor: Robert Spiegel �, r.
�,�
� ,
� :,:
Regarding: Case No. MISC 09-482 � �.,-
Recreational Vehicle stored at — � <
� �,;
73-526 Ironwood Street Palm Desert, CA 92260
Dear Mr. Spiegel, City of Palm Desert Mayor,
I have enclosed pictures taken of my property: 73-550 Ironwood Street
Palm Desert, CA 92260
Also enclosed: copies of the City Council Minutes on 10-8-09.
Mr. Spiegel, City Councilman Kelly stated at the City Council meeting
on 10-8-09; page-23- paragraph 3 that Mr. Smith's RV was beautifully
screened. As you can see from pictures taken from 2 different windows of
my new home, that are included, the beautiful screened RV, that Mr.
Kelly speaks of does not exist.
On 12-8-09 at the Architectural Review Commission meeting;
Commissioner John Vuksic stated that he had to abstain and leave the
meeting because there was a conflict of interest, as he lives in the
neighborhood. He decided not to abstain and stayed for the entire
meeting and voted. When he saw the pictures submitted at the meeting,
he said he would not want to have Mr. Smith's RV parked next door to
his home. After making that comment, he voted to approve that Mr.
Smith's RV could continue to be parked on his side yard providing the
proper distance from the wall could be achieved and that the correct
screening be done.
I will be appealing the vote of approval by the Architectural Review
Commission.
1
�
Case No: MISC 09-482 12-9-09
Mr. Spiegel, I bought the property at 73-550 Ironwood Street, 11 years
ago. The Smith's did not live next door and there was no RV parked in
the sid� yard. I have called the City of Palm Desert several times to
express my concerns and requested them to consider code compliance of
the RV parked at the Smith's home. As I stated at the City Council
meeting on 10-8-09 page- 23- paragraph 1.
Mr. Smith, when remolding his home, built an over-height wall without a
permit and he has had his RV parked in his side yard for a few years
without a permit. His behavior shows a pattern that he does not feel the
codes and laws of the City of Palm Desert apply to him, yet the city is
bending over backwards to accommodate him. Mr. Smith states in the
minutes from the City Counsel meeting 10-8-09 page -21- paragraph 1;
he did not have a permit because he did not know that one was required,
then he said the Planning Department gave him "the okay" at Ironwood,
because the RV was behind the wall, behind the gate and every thing was
fine, but now the City wanted to change the rules. Mr. Smith has not been
consistent with his information and has clearly not followed the rules or
codes or laws.
Mr. Spiegel, I do not understand how the Planning Department can give
"the okay" to any resident in Palm Desert for any thing with out putting it
in writing. Is this how the Planning Department works?
I am requesting City Councilman Kelly abstain from City Council
meetings which require his vote, for Case No: MISC 09-482 as he lives
in the neighborhood with Mr. Smith and i feel this is a conflict of interest
for a fair vote regarding the safety and value of my property. For Mr.
Kelly to state, "Mr. Smith's RV is beautifully screened", he is obviously
giving favor to Mr. Smith, and it is unethical for a City Councilman of
any City to act in that manner.
Respectfully,
�
_t,,;t�.��...�`'�� �����.,.o�
Susan R. Carney
73-597 18th Fairway Lane # B
Palm Desert, CA 92260
760-773-5563
2
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MI N UTES `
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 2009
case, a RV would be screened from one side and the house would block it
from the other side, which wouldn't be a problem, but it is within the setback.
(tAS. SUSAN CARNEY, Ironwood Street, Patm Desert, CA,stated she owned
a piece a property on Ironwood where a house was being built, which was
neact door to one of the previous speakers, and she wanted it to be known
that she had registered a complaint about the RV; she didn't think the City
Attorney was aware of that fact. She said the RV was very tall and it blocked
the mountain view and covered basically the whole waA side of her home.
She offered to leave photographs for the City Council to view. She left her
name and address with the City Clerk along with photographs of the RV she
mentioned.
MR. QUINTEN VANDERWERF, Goldenrod Lane, Palm Desert, CA, stated
he's lived in Palm Desert for ten years. He concurred with most of the
comments made by previous speakers and appreciated that current RV
owners would be grandfathered. He said it would be difficult to quantify what
the property devaluation would be for a home that currently had a "RV
parking," which was desirable for many. He said current homeowners who
would want to sell in the future wouid take a $5,000-$100,000 hit. He said
the Council needed to know there would be mone#ary damage, and it should
be studied to find out exactly what that would be. To grandfather current
owners didn't entirely cover the intent or idea of the proposed Ordinance.
Wth no furthertestimony offered,Mayor Spiegel declared the public hearing closed.
Councilman Kelly stated he was very familiar with Mr. Smith's horr�e and RV
situation, which was beautifully screened. Additionally, he drove by
Mr. Stendell's home, which had a separate driveway with gate. He said he
would not approve anything that would jeopardize these two situations. He
said Council had to be careful of approving an Ordinance that would disallow
RVs to be parked that didn't have a negative affect on the neighborhood. He
said the Planning Department informed him that under the proposed
Ordinance these homes wouldn't qualify. If that's the case, he will not vote
in favor. The main goal was to have motor homes backed from the front�of
the house. However,when one fiad a perFect place to park on the side of the
house, he didn't think the Council should stop them from doing so.
Councilman Ferguson agreed with Councilman Kelly. He said the goal was
to get RVs from parking in the front yard. In the 13 ysars that he's served an
the Council, he's heard more people complain about RV's and RV owners
complain about not being able to park. He said his neighbor took some
liberty of loading and unloading his RV by taking up to five days, and people
will knock on his door to complain about it. He said there was a deleterious
element to community aesthetics where large boxy vehicles parked in
23
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