HomeMy WebLinkAboutPP-CUP-EA 16-394 - Supplmnt Info 04-26-2018Klassen, Rachelle
From: Sid Tolchinsky <sidney@shaw.ca>
Sent: Wednesday, April 25, 2018 12:54 PM
To: CityhallMail
Cc: Ceja, Eric; Kelly, Kathleen; Weber, Susan Marie; Jonathan, Sabby; Nestande, Gina
Subject: The Sands Development
I am an owner in Portola Country Club. I understand that the Palm Desert City Council, this week, will be reviewing and
possibly approving the new Sands development on Hovley Lane East between the school and existing Canterra
apartments.
I was extremely disappointed that the developer did not negotiate with residents of either Via Venezia or Portola
Country Club prior to going to the planning commission for their recommendation approval; I understand they only
negotiated with residents of Canterra. However, I was quite pleased when the Palm Desert City Council requested, at a
recent meeting, that the developer meet with representatives from Via Venezia and Portola Country Club. While I could
not attend that meeting, I am very comfortable with the recommendations from that meeting and suggest that when
City Council approves the development, the following conditions form part of that approval:
1- A new 8 ft wall be constructed between Portola Country Club and the Sands at approximately the same elevation as
the homes on Angels Camp in Portola Country Club. That is, 187 to 189 feet above sea level. This height will be
consistent with other portions of the wall behind Angels Camp and other developments.
2 - Two rows of MATURE landscape buffer be planted between Portola Country Club and the Sands.
3 - The developer names all adjoining Portola Country Club homeowners as additionally insured with zero deductible to
pay for any possible damages that occur during construction.
4 - The developer moves buildings 11 and 8 forward by swapping with buildings 1, 2, 4, 6, 7 or 10.
Thank you very much.
Yours truly,
Sid Tolchinsky
42636 Granite PI
Portola Country Club
Palm Desert, CA 92260
1
Klassen, Rachelle
From: Jack and Susan Youmans <jackandsusanyoumans@yahoo.com>
Sent: Wednesday, April 25, 2018 3:19 PM
To: CityhallMail
Cc: Ceja, Eric; Kelly, Kathleen; Weber, Susan Marie; Jonathan, Sabby; Nestande, Gina
Subject: [SPAM] - The Sands Project
My name is Susan Youmans. Five years ago, after traveling the country in an RV for 12
years, my husband and I made the decision to move to Palm Desert. We had wintered
in the valley for seven years prior, and got to know the cities that occupy this beautiful
valley very well. We chose Palm Desert as it seemed to be a hub for entertainment and
shopping, while still maintaining residential areas that were able to enjoy the beautiful
views. We were also impressed by how well the city was managed.
My husband and I live in Portola Country Club. The approval of the Sands Project,
particularly the three story buildings, is very disturbing, particularly since we thought we
were moving into a part of the city that was zoned residential. Now, we find that this is
not the case. In fact we are now zoned with the designation of "Town Center."
Of course, this is all water under the bridge. Amid an outcry of protests from Portola
Country Club, Venezia, and Canterra (initially), the project, with some concessions by
the builder, was approved by the planning commission.
With all that being said, I am writing to ask that if you do vote to approve the Sands
Project please do so with the following conditions: 1. Require the builder to construct a
new eight foot wall on the Portola Country Club border, with two rows of mature
landscape buffer in the easement between the two properties. 2. Name the
homeowners on Angels Camp Road, who will be directly affected by the construction, as
additional insured, with no deductible, to cover damages caused during
construction. 3. Move buildings 8 and 11 forward and swap them with 1,2,4,6,7, or
10. 4. Lower the grade on the property so the buildings do not tower over the one
story residential homes adjoining the project.
Respectfully,
Susan Youmans
1
Klassen, Rachelle
From: Stanley, Jane
Sent: Thursday, April 26, 2018 7:44 AM
To: Klassen, Rachelle
Subject: FW: The Sands - A Negative Impact to the Palm Desert Community - Vote No!
Blind copied to the City Council
r
73
From: Hester Wes[mailto:whester@foxholetechnology.com] rn rn
Sent: Thursday, April 26, 2018 6:58 AM m -
To: Ceja, Eric <eceja@cityofpalmdesert.org> Z Oc.
C
Cc: ditorfer@dc.rr.com; CityhallMail<Cityhall@cityofpalmdesert.org>; weber <weber@cityofpalmdesert.ol '; Lori
Campbell <Ioren@lorencampbell.com>; Alan and Linda Clendenon <alanandlindac@gmail.com>; Andrew & bllee'h.�i fill
<km.hill@comcast.net>; Ann and Phil Hoene <hoeneap@gmail.com>; Beverly DiGregorio <bevo59@earthlink.net>;
Bruce and Tricia Hutcheon <bhutch4@comcast.net>; Cathy Butero <clbutero@yahoo.com>; Cliff Hunt
<kilipo1947@yahoo.com>; Daine Servos Newman <dsn1247@aol.com>; Dave Wood <dfwood55@gmail.com>; David
Newman (dndante@aol.com) <dndante@aol.com>; David Vidulich <dgvidulich@gmail.com>; Deena Fernandez
<deenanjoe@gmail.com>; Denise Souder (soudendenise@gmail.com) <soudendenise@gmail.com>; Dianne
SanClemente <diannesanclemente@msn.com>; Dick Wohl (rhwohl@gmail.com) <rhwohl@gmail.com>; Dr. Lopez
<dr.lo1943@yahoo.com>; Earl and Karen Santos <esantos@dc.rr.com>; Ed and Donna Knopf (knopfepdc@gmail.com)
<knopfepdc@gmail.com>; Geri Johnston <gerijohns@shaw.ca>; Gini Estes <dandvestes@gmail.com>; Jack and Susan
Youmans<jackandsusanyoumans@ayhoo.com>; Jean Reid <jeanreid5678@gmail.com>; Jerrold and Ardee Warshal
<akgifts@aol.com>; Jim Kennedy <jcl.kennedy@comcast.net>; Jo Pitman <jypsyjo3721@aol.com>; Joan FitzGibbon
<fitzi@nwlink.com>; Joe Martinez (joeinsand@gmail.com) <joeinsand@gmail.com>; John and Sharon Evanoff
<evanoffj8@gmail.com>; Joseph Stongle <stongj@aol.com>; June Engblom <juneengblom@yahoo.com>; Karen
Woolworth <dwoolworth@dc.rr.com>; Karla Lewis <karlalewis1373@gmail.com>; Katherine Jeson
<kjenson@rutan.com>; Lee Souder (Isouder@twc.com) <Isouder@twc.com>; Linda Holland <Iinnie8108@gmail.com>;
Loris Clark <Ioris_clark@hotmail.com>; Lucille Williamson <Iavalu2000@gmail.com>; Margo Dragoo <fivers2@aol.com>;
Marin Moran <marin-moran@mindspring.com>; OmaJean Harris <djharris37@earthlink.com>; Orrin Weinstein
(heyorrin@yahoo.com) <heyorrin@yahoo.com>; Patricia McNamee <Ipmcnamee@gmail.com>; Phyllis Sherwood
<fraydleps@aol.com>; Randy Burden & Larry Barnes <Ilrcb50@yahoo.com>; RJ DuPlessis <wahid1937@yahoo.com>;
Robertcault@gmail.com; Rocio Martinez (rocio.montejanomartinez@gmail.com)
<rocio.montejanomartinez@gmail.com>; Ron & Melinda St Pierre <mrstp@greencafe.com>; Ruairi Clerkin
<ruairi_clerkin@ml.com>; Suzanne Ostermann <sunscrn13@aol.com>; Ted Turrentine <ted_turrentine@yahoo.com>;
Teri Coulter <coulterteri@gmail.com>; Tim Kopf <violintimkopf@yahoo.com>; Tom & Kit Bishop
<kitbishop730@gmail.com>; Trish Pierce <trish@papillongraphics.com>; Valerie Davidson <valdavidson42@gmail.com>;
Fabiana.Spinelli@albertmgt.com
Subject: The Sands - A Negative Impact to the Palm Desert Community - Vote No!
Eric,
We understand the Palm Desert City Council will be making a decision today, April 26.
Per our previous dialogue and the numerous emails/letters you have received, regarding The Sands, we again
want to he clear on our stance:
Given the numerous hazards and documented issues, we do not want 3 story buildings in the Southern part
of The Sands property. Currently, Buildings 8 and 11 are slated as 3 story buildings, and there are proposals
1
by the Developer that can reduce them to 2 story. We look for your continued .support, to encourage the City
Council to reiect the Developers proposal and strongly insist that these buildings he no more than 2 stories.
Thanks for your continued support.
Warm regards,
Wes Hester
President & CEO
efraSinn
1 178 1 Lee Jackson Hwy, Suite 260
Fairfax, VA 22033
whesteria'toxholetechnologv.com
Office Phone Number (0) 703-496-4514
Cell Phone Number (C) 703-586-3234
Fax Number (F) 202-379-1790
www.foxholetechnolouv.com
RLTW
ISO 9001:2008 I CMMI® Level 3 I VA Certified Service -Disabled Veteran -Owned Small Business (SDVOSB) I Nunn —Perry
Small Business of the Year
Please consider the environment before printing this email.
Foxhole Technology, Inc. is not an agent of. nor does it have the authority to hind or commit. or otherwise allocate or budget funds of or from the Federal Government of the
United Statcs.This email and its contents are for the sole use of the intended recipient(s) as they may contain confidential and privileged information. Any unauthorized review,
use, disclosure or distribution is prohibited. If you are not the intended recipient. please contact the sender by reply email and destroy all copies of the original message. If you are
the intended recipient. please be advised that the content of this message is subject to access, review and disclosure by the sender's Email System Administrator.
From: "eceia@citvofpalmdesert.org" <eceia@citvofbalmdesert.org>
Date: Thursday, March 1, 2018 at 11:49
To: Microsoft Office User<whester(a)foxholetechnologv.com>
Subject: [EXTERNAL] RE: The Sands - A Negative Impact to the Palm Desert Community - Vote No!
Hi Wes,
Yes, a copy of your correspondence has been provided to the Planning Commission. The next scheduled public hearing is
set for March 20, 2018, at 6:00 pm in the Council Chamber.
Thanks,
2
Eric Ceja
Principal Planner
Ph: 760.346.0611 Direct: 760.776.6384
eceja@cityofpalmdesert.org
From: Hester Wes jmailto:whester@foxholetechnologv.comj
Sent: Thursday, March 01, 2018 6:53 AM
To: Ceja, Eric <eceia@citvofpalmdesert.org>
Cc: ditorfer@dc.rr.com; CityhallMail<Citvhall@citvofpalmdesert.org>; weber <weber@citvofpalmdesert.org>
Subject: Re: The Sands - A Negative Impact to the Palm Desert Community - Vote No!
Eric,
I wanted to follow-up and ensure you have received my previous email. I did not get a response from you.
Please understand that we are holding up on bringing our Grandson to live with us depending on the outcome of this
potentially dangerous situation.
Look forward to hearing with you soonest.
Wes Hester
President & CEO
r`cHo E
11781 Lee Jackson Hwy, Suite 260
Fairfax, VA 22033
whester@foxholetechnolmw.com
Office Phone Number (0) 703-496-4514
Cell Phone Number (C) 703-586-3234
Fax Number (F) 202-379-1790
www.foxholetechnologv.com
RLTW
ISO 9001:2015 I CMMI® Level 3 I VA Certified Service -Disabled Veteran -Owned Small Business (SDVOSB) 1 Nunn —Perry
Small Business of the Year
Please consider the environment before printing this email.
Foxhole Technology, Inc. is not an agent of, nor does it have the authority to bind or commit. or otherwise allocate or budget funds of or from the Federal Government of the
United States.Thts email and its contents are for the sole use of the intended recipient(s) as they may contain confidential and privileged information. Any unauthorized review.
use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the ongmal message. If you are
the intended recipient, please be advised that the content of this message is subject to access, review and disclosure by the sender's Email System Administrator.
From: Microsoft Office User <whester@foxholetechnologv.com>
Date: Tuesday, February 20, 2018 at 01:38
To: "eceia@citvofpalmdesert.org" <eceia@citvofpalmdesert.org>
Cc: Diana Altorfer <ditorfer@dc.rr.com>, "citvhall@citvofoalmdesert.org" <citvhall@citvofpalmdesert.org>,
"weber@cityofpalmdesert.org" <weber@citvofpalmdesert.org>
Subject: The Sands - A Negative Impact to the Palm Desert Community - Vote No!
Eric,
3
We are writing to express our non-support of The Sands project in Palm Desert Community as currently planned.
We currently live in the Venezia Housing area, which is next to The Sands planned development thus have major concerns in
the following areas:
1. Three story (3-story) buildings can not exist at The Sands - 3-story (eight of them), two story (2—story) huildings (7
of them) are planned but can not exist as requested.
o Does not conform with zoning codes applied to similar neighborhoods which only allows for 2-story huildings.
o Extreme privacy and safety concerns of putting a 3-story building next to existing 1-story homes and a school
play ground. In light of recent school gun issues and the recent Las Vegas Hotel shooting, we submit that
allowing a 3-story building next to a school play ground and housing area violates privacy and safety issues.
2. Garages Must Have 25 Foot Setback from Venezia Homes - Garages lining the property line between Venezia:
o Concern that The Sands will extend 5 feet or more (if sand isn't removed!) above backyard walls of Venezia.
Causing privacy and visibility issues.
o Garages too close to the Venezia Housing area wall should he 25 foot setback to allow for privacy and
safety. A fire in a garage could cause damage to a Venezia Horne.
3. Increased Traffic Congestion - Additional traffic in the area to include the over crowding of the school system is a
major concern.
4. Redundant Play Grounds Not Needed — The Sands development plan calls for additional development of play
grounds when there is currently a large outdoor recreational complex that could be used by The Sands residents just
next door. The noise and lights from the additional play ground with in 100 feet of the Venezia Community will cause
Privacy and Noice issues. Thus do not build.
5. Impact of Low Income Housing on Surrounding Areas - Addition of low-income housing next to a recently planned
and established high -income housing area is going to reduce the value of the homes in the Venezia Housing
Area. Thus request the City of Palm Desert immediately offer a Tax Assessment adjustment for 2018, and following
years, of 40% less than 2017 tax assessment to account for the direct negative influence of the City Of Palm Desert
Planning Division's impact on the home owners of Venezia.
6.
Again, thanks for your continued support regarding this critical issue to the Palm Desert Community. And if possible, I would
like to request a meeting with you to further address our concerns.
Warm regards,
Wes Hester
President & CEO
TECHNOLOGY
11781 Lee Jackson Hwy, Suite 260
Fairfax, VA 22033
whester@foxholetechnology.com
Office Phone Number (0) 703-496-4514
Cell Phone Number (C) 703-586-3234
Fax Number (F) 202-379-1790
www.foxholetechnology.com
RLTW
ISO 9001:2015 I CMMI® Level 3 I VA Certified Service -Disabled Veteran -Owned Small Business (SDVOSB) I Nunn —Perry
Small Business of the Year
Please consider the environment before printing this email.
4
Foxhole Technology. Inc. is not an agent of, nor does it have the authority to hind or commit, or otherwise allocate or budget funds of or from the Federal Government of the
United States.This email and its contents are for the sole use of the intended recipient(s) as they may contain confidential and privileged information. Any unauthorized review.
use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. If you are
the intended recipient, please he advised that the content of this message is subject to access, review and disclosure by the sender's Email System Administrator.
Foxhole -technology. Ins: is riot an agent of. nor does it have the authonly Io bind or commit. or otherwise allocate or budget funds of or froni the Federal
Crovernment of the United States Tles email and its content., are for the sole u50 of the intendod recipient(s) as they may contain confidential and privdancd
information Any unauthorized review, use. disclosure or di,,tnbuturrn is prohibited If you are not the intended recipient, pleas u contact the sender by reply email
and destroy all copies of the original nros•,age If you are the intended recipient please tee arivisr,rl that the content of This message c> snl,lix,t to access revie::
and rli,,olor.urcr by the sender's Email System Adniinislrator
Foxhole Tecluioingy. Inc. is not an agent of, nor does it have the authority to bind or oomnid, or otherwise allocate or budgr t funds of or from tlis Fedi:rdl
Government of the United St•ates.This entail and its contents are for the sole use of the intended rocipienttsi as they may contain confidential and privileged
infprnration Any unanthonzed review. use, disclosure or distribution i; prohibited. If you are not the intended recipient. please contact tilt; sender by reply email
and destroy all col,ie o of the orivuia! message If you are the intended recipient plem,e be artvrsed that tli content o1 thi:, m,: sdgr: is, subler,t to rwu>0
:and disclosure by thi>, sOrider's Email System Administrator.
5
Klassen, Rachelle
From: Stanley, Jane
Sent: Thursday, April 26, 2018 8:00 AM
To: Ceja, Eric; Klassen, Rachelle
Subject: FW: Sands Project
Blind copied to the City Council
From: alanandlindac[mailto:alanandlindac@gmail.com]
Sent: Wednesday, April 25, 2018 5:31 PM
To: CityhallMail <Cityhall@cityofpalmdesert.org>
Subject: Sands Project
Councilmembers
If you vote to approve The Sands project please specify the following conditions in your motion:
1. construction of a new 8 ft wall on the Portola CC border with two rows of mature landscape buffer
2. Name the adjoining homeowners as additionally insured with zero deductible to pay for damages caused
during construction
3. Move buildings 8 and 11 forward and swap them with 1,2,4,6,7, or 10
Thank you for your consideration
Alan Clendenon
74060 Mercury Cir W.
Palm Desert, CA 92260
Sent from my Galaxy Tabg A
Sent from my Verizon, Samsung Galaxy smartphone
i
Klassen, Rachelle
From: Stanley, Jane
Sent: Thursday, April 26, 2018 9:24 AM
To: Ceja, Eric
Cc: Klassen, Rachelle
Subject: FW: Sands development
Blind copied to the City Council
Original Message
From: Gini Estes [mailto:dandvestes@gmail.com]
Sent: Thursday, April 26, 2018 9:02 AM
To: CityhallMail <Cityhall@cityofpalmdesert.org>
Subject: Sands development
We are sure you have heard the concerns of neighbors of this project many times, but please consider us and the impact
on our neighborhoods in your vote tonight. We feel strongly that the three story buildings will negatively impact out
beautiful desert residential areas.
Sincerely, Don and Virginia Estes.
Sent from my iPad
1
To:
CITY OF PALM DESERT
COMMUNITY DEVELOPMENT DEPARTMENT
CITY COUNCIL PUBLIC HEARING MEMORANDUM
Honorable Mayor and Members of the City Council
Lauri Aylaian, City Manager
Robert Hargreaves, City Attorney
From: Eric Ceja, Principal Planner
Date: April 26, 2018
Subject: The Sands Apartment Project
Attached to this memorandum is the revised site plan, resolution, and additional community
correspondence, for the proposed Sands project. The attached site plan and resolution have
been updated to reflect the changes that resulted from the community meeting held on April
18, 2018.
to
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0.0
Cc
0
0
REVISED
CITY COUNCIL RESOLUTION NO. 2018-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, FOR THE ADOPTION OF A MITIGATED
NEGATIVE DECLARATION, AND APPROVAL OF A DENSITY BONUS,
PRECISE PLAN AND CONDITIONAL USE PERMIT, FOR THE
CONSTRUCTION OF A 388-UNIT APARTMENT PROJECT WITH
CLUBHOUSE, RECREATIONAL AMENITIES, AND ROADWAY
IMPROVEMENTS
CASE NO: PP/CUP/EA 16-394
WHEREAS, New Cities Investment Partners, LLC propose to develop 388 dwelling
units on an undeveloped 18.13 acre site, abutting James Carter Elementary School and
Venezia to the west with site improvements consisting of new two- and three-story
apartments, clubhouse building, and on -site recreational amenities ("Project"); and
WHEREAS, vehicular access to the site is provided along Hovley Lane East and
street improvements include the signalization of the intersection of Hovley Lane East and
Jasmine Court; and
WHEREAS, the site's proximity to an elementary school, public park, transit lines,
and employment centers is ideal for the development of an apartment project with an
affordable housing component; and
WHEREAS, the applicant has agreed to provide 20 percent (20%) of all units within
the development for very -low income qualified persons, and as such is eligible for a density
bonus provided by AB 2222 (Government Code section 65915 et seq.) and Palm Desert
Municipal Code Section (PDMC) 25.34.040; and
WHEREAS, 20 percent (20%) of the total units are reserved for Tower -income
households; and
WHEREAS, under the density bonus provisions of the PDMC, the applicant is
entitled to a density bonus of 111 units, for a total of 426 units, which is more than the 388
units proposed for this project. The Code also allows the applicant to request up to three (3)
concessions from the City's Zoning Ordinance; the agreed upon concessions incorporated
into the project entitlements are: 1) a reduced parking requirement; and 2) elimination of
certain development impact fees on the affordable units; and
WHEREAS, final approval of the project is contingent on developer entering into a
housing agreement (HA) with the City's Housing Department to finalize affordable housing
requirements as specified in project entitlements. The HA shall be signed and completed by
both the City and the developer prior to issuance of a Building Permit.
WHEREAS, the project complies with the goals and policies contained in the City's
General Plan that promote affordable housing, promote a variety of neighborhoods, and
promote a mix of housing choice for current and future residents; and
WHEREAS, pursuant to section 21067 of the Public Resources Code, Section
15367 of the State California Environmental Quality Act (CEQA) Guidelines (Cal. Code
CITY COUNCIL RESOLUTION NO. 2018-18
Regs., tit. 14, § 15000 et seq.), and the City of Palm Desert's ("City's") Local CEQA
Guidelines, the City is the lead agency for the proposed Project; and
WHEREAS, City staff reviewed the Project and prepared an Initial Study pursuant to
State CEQA Guidelines section 15063 to determine if the Project could have a significant
effect on the environment; and
WHEREAS, on the basis of the Initial Study, which concluded that the Project would
have potentially significant impacts but that those impacts could be reduced to less than
significant levels with implementation of the proposed mitigation measures, the City
determined that a subsequent Mitigated Negative Declaration ("MND") should be prepared
for the Project, and an MND was prepared pursuant to Public Resources Code sections
21064.5 and 21080, subdivision (c), and the State CEQA Guidelines section 15070 et seq.;
and
WHEREAS, the City distributed a Notice of Intent to Adopt a MND pursuant to State
CEQA Guidelines section 15072 on July 25, 2017; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 20th day of June 2017, the 15th day of August 2017, and the 20th day of February 2018,
previously hold duly noticed public meetings where members of the public were afforded an
opportunity to comment on the Project; and
WHEREAS, the City determined that after public notice of availability of the MND
had been given, but prior to its adoption, new information was added to the MND to clarify
and amplify the MND, and revisions were added in response to comments on the Project's
effects identified in the proposed MND which are not new avoidable significant effects; and
WHEREAS, although revisions to the subsequent MND do not constitute substantial
revisions as the revisions did not identify any new, avoidable significant effects or require
new measures or revisions to reduce effects to Tess than significant, the City decided to
recirculate the MND pursuant to CEQA Guidelines section 15073.5 in an abundance of
caution; and
WHEREAS, on February 1, 2018, the City recirculated the subsequent MND for
public review by distributing a second Notice of Intent to Adopt a subsequent MND pursuant
to State CEQA Guidelines section 15072; and
WHEREAS, the City provided copies of the revised draft subsequent MND and Initial
Study to the public and the State Clearinghouse for at least a 30-day review and comment
period beginning on February 2, 2018 and ending on March 5, 2018, pursuant to Public
Resources Code section 21091(b); and
WHEREAS, in order to align the public comment period with that of state agencies
and address public comment, the City extended the public comment period through March
14, 2018, and provided notice of the same; and
WHEREAS, pursuant to Public Resources Code section 21081.6 and State CEQA
Guidelines section 15074(d), the City has prepared a program for reporting on or monitoring
the changes which it has either required in the project or made a condition of approval to
2
CITY COUNCIL RESOLUTION NO. 2018-18
mitigate or avoid significant environmental effects (the "Mitigation Monitoring and Reporting
Program" or "MMRP"), which is attached hereto as Exhibit "A"; and
WHEREAS, as contained herein, the City has endeavored in good faith to set forth
the basis for its decision on the proposed Project; and
WHEREAS, the City has endeavored to take all steps and impose all conditions
necessary to ensure that impacts to the environment would not be significant, which are
attached hereto as Exhibit "B"; and
WHEREAS, all of the findings and conclusions made by the City pursuant to this
Resolution are based upon the oral and written evidence before it as a whole; and
WHEREAS, the Planning Commission has reviewed the MND, Initial Study, and all
other relevant information contained in the record regarding the Project; and
WHEREAS, on February 20, 2018, at its regular scheduled meeting, the public was
afforded an opportunity to comment on the Project and the MND and the Initial Study, and
the Planning Commission discussed and continued the Project, the MND and the Initial
Study until March 20, 2018; and
WHEREAS, on March 20, 2018, the Planning Commission, the public was afforded
an opportunity to comment on the Project and the MND and the Initial Study, and the
Planning Commission discussed and considered the Project and the MND and Initial Study;
and
WHEREAS, the Planning Commission took action recommending approval of the
project to the City Council subject to Building No. 4, identified in the Site Plan, being
reduced from three stories to two stories in height; and
WHEREAS, the City Council held a public hearing on April 12, 2018, and continued
the public hearing to April 26, 2018, to allow for community meeting to be held between the
applicant and surrounding property owners; and
WHEREAS, the City Council met on April 26,2 018, and at said public hearing, upon
hearing and considering all testimony and arguments, if any, of all interested persons
desiring to be heard, the City Council did make the following findings to justify the approval
of said request:
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AS FOLLOWS:
SECTION 1. Recitals. The City Council hereby finds that the foregoing recitals are
true and correct and are incorporated herein as substantive findings of this Resolution.
SECTION 2. Compliance with the California Environmental Quality Act. As the
recommending body for the Project, the Planning Commission and City Council have reviewed
and considered the information contained in the MND, Initial Study, and administrative record
3
CITY COUNCIL RESOLUTION NO. 2018-18
on file with the City and available for review at 73510 Fred Waring Drive, Palm Desert,
California. The City Council finds that the MND and Initial Study have been completed in
compliance with the CEQA (Pub. Res. Code § 21000 et seq.: "CEQA") and the State CEQA
Guidelines.
SECTION 3. Findings on Environmental Impacts. In the City's role as the lead agency
under CEQA, the City Coucnil finds that the MND and Initial Study contain a complete and
accurate reporting of the environmental impacts associated with the Project. The City Council
further finds that the documents have been completed in compliance with CEQA, the State
CEQA Guidelines, and City of Palm Desert local CEQA guidelines. The City Council further
finds that all environmental impacts of the Project are either insignificant or can be mitigated to
a less than significant level pursuant to the mitigation measures outlined in the MND, Initial
Study, and the Mitigation Monitoring and Reporting Program. The City Council further finds
that there is no substantial evidence in the record supporting a fair argument that the Project
may result in significant environmental impacts, and that any comments received to date
regarding the Project have been examined and determined not to modify the conclusions of
the MND or the City Council. Furthermore, the City Council finds that the MND has not been
substantially revised after public notice of its availability and recirculation is not required.
(State CEQA Guidelines, § 15073.5.) The City Council finds that the MND contains a
complete, objective, and accurate reporting of the environmental impacts associated with the
Project and reflects the independent judgment of the City Council.
SECTION 4. Findings on Conditional Use Permit. In recommending approval of this
project, the City Council makes the following findings in accordance with PDMC
Section 25.72.050:
1. That the proposed location of the conditional use is in accord with the objectives
of this title and the purpose of the district in which the site is located.
The purpose of the Planned Residential (PR) zoning district is to provide areas
flexibility in residential development by encouraging creative and imaginative
design for the development of residential projects with densities between 4.0 to
40 dwelling units per acre and allows multi -family developments to be considered
through a Conditional Use Permit (CUP). The proposal to develop multi -family
housing with integrated affordable units at this location complies with the City's
goals and the objectives of the zoning designation, and the project's density
complies with the density limits established under the PR zoning district. In
1989, the City approved a development agreement for the development of a 55-
acre community with an affordable housing component. Portions of the
development agreement (DA) have been executed and this portion of that project
is undeveloped. Development of the project site complies and exceeds the
minimum requirements established in the development agreement by providing
additional affordable housing units in compliance with the State's density bonus
provisions.
2. That the proposed location of the conditional use and the conditions under which
it would be operated or maintained will not be detrimental to the public health,
safety, or welfare, or be materially injurious to properties or improvements in the
vicinity.
4
CITY COUNCIL RESOLUTION NO. 2018-18
The proposed location and development of this project at this site will be
monitored and cared for by an on -site manager. Maintenance issues or resident
complaints can be addressed on -site. As designed, and as conditioned, the
project will not be detrimental to the public health, safety, or welfare, as the
project is designed below the maximum height permitted by the zone, contains
significant landscape screening along the southern property line to limit visual
intrusion into surrounding communities, and has landscape setbacks along the
single-family community bordering the project to the west. Similar multi -family
apartments have been constructed in the City and none have been detrimental to
public health and safety. Adequate off-street parking is provided at the site and
the proximity of the project to employment centers, schools, and City parks
encourages walking and non -motorized transportation. Roadway improvements
along Hovley Lane East ensure efficient traffic movements near the project site.
3. That the proposed conditional use will comply with each of the applicable
provisions of this title, except for approved variances or adjustments.
The proposed development complies with the development standards of the PR
zoning district, including maximum building height, minimum unit sizes, and
setbacks. The City's parking requirements, listed under PDMC Section 25.46.040
requires a parking ratio of two (2) parking space per unit for 768 total parking
spaces. The project proposes a parking ratio of 1.82 space per unit, resulting in
699 total parking space. The applicant has requested a modification to the
parking standards in accordance with the State and City density bonus
provisions. Other apartment complexes have parking standards that are below
the required 2 space per unit, including the adjacent Canterra Apartments. To
date, staff is not aware of any on -going parking issues at existing apartment sites
and the 1.82 ratio is adequate to meet the parking needs of the proposed
community.
4. That the proposed conditional use complies with the goals, objectives, and
policies of the City's General Plan.
The proposed development complies with goals and objectives of the City's
General Plan, in that it provides affordable housing units in accordance with the
City's Land Use & Community Character and Housing Elements. The project
complies with the General Plan intent and purpose of the Town Center
Neighborhood designation by developing multi -family housing within walking
distance of commercial activities and meets several long-range goals of multi-
family housing by including the following: mixed affordability, recreational
amenities, a pedestrian focus, and affordable housing in proximity to transit and
educational facilities.
SECTION 5. Adoption of the Mitigated Negative Declaration. The City Council
approves and adopts the subsequent MND prepared for the Project.
SECTION 6. Adoption of the Mitigation Monitorina and Reporting Program. The City
Council approves and adopts the Mitigation Monitoring and Reporting Program prepared for
the Project, attached hereto as Exhibit "A".
5
CITY COUNCIL RESOLUTION NO. 2018-18
SECTION 7. Approval. The City Council hereby approves the applied density bonus,
the Precise Plan, and Conditional Use Permit applications for the Project.
SECTION 8. Approval. The City Council hereby approves and adopts the Project
subject to the Conditions of Approval attached hereto as Exhibit "B".
SECTION 9. Custodian of Records. The documents and materials that constitute the
record of proceedings on which these findings are based are located at the City's office at 73-
510 Fred Waring Drive, Palm Desert, CA 92260. Rachelle Klassen, the City Clerk, is the
custodian of the record of proceedings.
SECTION 10. Notice of Determination. The City Council approves the Project, and
directs Staff to file a Notice of Determination with the County of Riverside and the State
Clearinghouse within five (5) working days of any Project approval.
SECTION 11. Execution of Resolution. The Mayor of the City Council signs this
Resolution and the City Clerk shall attest and certify to the passage and adoption thereof.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the 26th day of April 2018, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RACHELLE D. KLASSEN
CITY CLERK
SABBY JONATHON, MAYOR
6
CITY COUNCIL RESOLUTION NO. 2018-18
Section
Number
4. Biological
Resources
Section
Number
5. Cultural
Resources
Mitigation Measures
1310-1: The applicant shall ensure that any
construction activities that occur during the nesting
season (February through August) will require that
all suitable habitats he thoroughly surveyed for
presence of nesting birds by. a qualified biologist
before commencement of clearing. If any active
nests are observed, construction activities must he
prohibited within a 500-foot hurter around the nest
until the nestlings have fledged. All construction
activity w ithin the vicinity of active nests must he
conducted in the presence of a qualified hiological
tnonitor. Construction activity may encroach into the
butler area at the discretion of the hiological
monitor.
\litigation pleasures
CR-1: If during the course of grading or
construction. artifacts or other cultural resources are
discovered. all grading on the site shall be halted and
the applicant shall immediately notify the City
Planner. A qualified archaeologist shall be called to
the site by, and at the cost of, the applicant to
identify the resource and recommended mitigation if
the resource is culturally significant. The
archaeologist will he required to provide copies of
any studies or reports to the Eastern Information
Center for the State of California located at the
University of California Riverside and the Aqua
Caliente Tribal IIistoric Preservation Office (ITIPO)
for permanent inclusion in the Agua Caliente
Cultural Register.
CR-2: The presence of an approved Native
American Cultural Resource Monitor(s) shall be
required during any ground disturbing activities
(including archaeological testing and surveys).
Should buried cultural deposits he encountered. the
monitor may request that destructive construction
halt and the monitor shall notify a qualified
archaeologist (Secretary of the Interior's Standards
and Guidelines) to investigate and. if necessary,
EXHIBIT "A"
MITIGATION MONITORING AND REPORTING PROGRAM
The Sands Apartments
Mitigation Monitoring and Reporting Program
Responsible for
Monitoring
Developer
Planning
Department
Qualified 13iologist
Responsible for
Monitoring
l)evcloper
Planning
l)cpartment
Qualified
Archaeologist
Developer
Planning
Department
Timing
Prior to any
ground
disturbance
Impact after
Mitigation
I.ess than
significant
The Sands Apartments
Mitigation Monitoring and Reporting Program
Initial Study' litigated Negative Declaration
January 2018
Impact after
:Mitigation
Qualified Native
American Cultural
Resource Monitor
Tuning
During grading Less than
and other significant
ground
disturbing
activit ies
During grading Less than
and other significant
ground
disturbing
activities
7
CITY COUNCIL RESOLUTION NO. 2018-18
Section
Number
Mitigation Measures
16.
Transportation
prepare a mitigation plan for submission to the State
Iistoric Preservation Office and the Agua Calicnte
Tribal Historic Preservation Office (T111'O). the
archaeologist will be required to provide copies of
any studies or reports to the Eastern Infomation
Center for the State of California located at the
University of Riverside and the Agua Calicnte
'1'IIPO for permanent inclusion in the Agua Calicnte
Cultural Register.
TRA 1: The applicant is responsible for the
installation of the traffic signal at I lovley Lane East
and the Project's entrance, prior to completion of
Project construction.
TRA 2: The applicant will participate in the funding
or construction of off -site improvements through the
payment of the Transportation t fnifonn Mitigation
Fees ('I'(JMF) and City of Palm Desert Development
Impact Fees (1)IF). or a fair share contribution as
directed by the City. These fees, required as standard
conditions, assist in alleviating cumulative impacts
The Sands Apartments
Ntitigation Monitoring and Reporting Program
Initial Study:Mitigated Negative Declaration
January 2018
Responsible for Impact after
Monitoring Mitigation
Developer
Pluming
Department
Developer
Planning
1epartment
Timing
Prior to project 1.ess than
completion Significant
Prior to Less than
grading and Significant
other ground
disturbing
activities
8
CITY COUNCIL RESOLUTION NO. 2018-18
EXHIBIT "B"
CONDITIONS OF APPROVAL
CASE NO. PP/CUP/EA 16-394
DEPARTMENT OF COMMUNITY DEVELOPMENT:
1. The development of the property shall conform substantially with exhibits on file with
the Department of Community Development, as modified by the following conditions.
2. The applicant agrees that in the event of any administrative, legal or equitable action
instituted by a third party challenging the validity of any of the procedures leading to the
adoption of these Project Approvals for the Project, or the Project Approvals
themselves, Developer and City each shall have the right, in their sole discretion, to
elect whether or not to defend such action. Developer, at its sole expense shall defend,
indemnify, and hold harmless the City (including its agents, officers and employees)
from any such action, claim, or proceeding with counsel chosen by the City, subject to
Developer's approval of counsel, which shall not be unreasonably denied, and at
Developer's sole expense. If the City is aware of such an action or proceeding, it shall
promptly notify Developer and cooperate in the defense. Developer upon such
notification shall deposit with City sufficient funds in the judgment of City Finance
Director to cover the expense of defending such action without any offset or claim
against said deposit to assure that the City expends no City funds. If both Parties elect
to defend, the Parties hereby agree to affirmatively cooperate in defending said action
and to execute a joint defense and confidentiality agreement in order to share and
protect information, under the joint defense privilege recognized under applicable law.
As part of the cooperation in defending an action, City and Developer shall coordinate
their defense in order to make the most efficient use of legal counsel and to share and
protect information. Developer and City shall each have sole discretion to terminate its
defense at any time. The City shall not settle any third party litigation of Project
Approvals without Developer's consent, which consent shall not be unreasonably
withheld, conditioned or delayed, unless Developer materially breaches this
indemnification requirement.
3. The development of the property described herein shall be subject to the restrictions and
limitations set forth herein which are in addition to the approved development standards
listed in the PDMC, and state and federal statutes now in force, or which hereafter may be
in force.
4. The applicant shall enter into a Housing Agreement (HA) with the City's Housing
Department to finalize affordable housing requirements as part of this project. No Tess
than 20 percent (20%) of all units within the project shall be available at affordable rents
as specified in the HA. The HA shall be signed and completed by both the City and the
applicant prior to issuance of a Building Permit.
9
CITY COUNCIL RESOLUTION NO. 2018-18
5. Prior to issuance of a building permit for construction of any use or structure
contemplated by this approval, the applicant shall first obtain permits and/or clearance
from the following agencies:
Coachella Valley Water District (CVWD)
Public Works Department
Fire Department
Evidence of said permit or clearance from the above agencies shall be presented to the
Department of Building & Safety at the time of issuance of a building permit for the use
contemplated herewith.
6. Access to trash/service areas shall be placed so as not to conflict with parking areas.
Said placement shall be approved by the applicable waste company and Department of
Community Development and shall include a recycling program.
7. All sidewalk plans shall be reviewed and approved by the Department of Public Works.
8. The project is subject to the Art in Public Places program. The applicant is encouraged
to utilize the fee for installation of an on -site art piece. Please contact Ms. Deborah
Glickman at (760) 346-0611 to discuss the Art in Public Place process.
9. In the event that Native American cultural resources are discovered during project
development/construction, all work in the immediate vicinity of the find shall cease and
a qualified archeologist meeting Secretary of Interior standards shall be hired to assess
the find. Work on the overall project may continue during this assessment period. If
significant Native American cultural resources are discovered that require a Treatment
Plan, the developer or his archeologist shall contact the Morongo Band of Mission
Indians. If requested by the Tribes, the developer or archeologist shall, in good faith,
consult on the discovery and its disposition.
10. Lighting plans shall be submitted in accordance with PDMC Section 24.16 for any
landscape, architectural, street, or other lighting types within the project area.
11. A minimum of an eight -foot landscape setback shall be provided along the shared
property line with the Venezia community to the west. A living hedge of landscape shall
be planted in this area and shall be maintained at a height no less than fifteen feet. No
carports, garages, or other physical parking structures shall be installed within this
landscape setback.
12. All mitigation measures identified in the CEQA Environmental Assessment and Initial
Study shall be incorporated into the planning, design, development, and operation of
the project.
13. Final landscape plans shall be submitted to the City's Department of Community
Development and the CVWD for review and approval. The landscape plan shall
conform to the landscape palate contained in the preliminary landscape plans prepared
as part of this application, and shall include dense plantings of landscape material. All
plants shall be a minimum of five gallons in size, and trees shall be a minimum of 24-
inch box sizes.
10
CITY COUNCIL RESOLUTION NO. 2018-18
14. The applicant shall plant a double -row of shade trees in the landscape setback abutting
the southern property line of the project. The double row of trees shall be identified on
the landscape plan.
15. All perimeter landscape shall be installed during Phase 1 construction of the site.
16. The applicant shall comply with the recommendations made by the City's Architectural
Review Commission (ARC) and as specified in the ARC Notice of Action dated March
31, 2017.
17. The applicant shall reduce Building No. 4, as identified in the site plan, from three
stories to two stories.
DEPARTMENT OF PUBLIC WORKS:
18. The applicant shall submit a grading plan to the Department of Public Works for review and
approval. Any changes to the approved civil or landscape plans must be reviewed for
approval prior to work commencing.
19. The grading plan shall identify all proposed and existing utilities.
20. The applicant shall submit a PM10 application for approval. The applicant shall comply with
all provisions of PDMC Section 24.12 regarding Fugitive Dust Control.
21. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843, Section
24.20 Stormwater Management and Discharge Ordinance.
22. The applicant shall submit a final Water Quality Management Plan (WQMP) for approval.
The WQMP shall identify the Best Management Practices (BMPs) that will be used on the
site to control predictable pollutant runoff. Prior to the issuance of a grading permit, the
Operation and Maintenance Section of the approved final WQMP shall be recorded with the
County's Recorder Office and a conformed copy shall be provided to the Department of
Public Works.
23. The applicant shall pay the appropriate signalization fee in accordance with City of Palm
Desert Resolution Nos. 79-17 and 79-55 and drainage fee in accordance with Section 26.49
of Palm Desert Municipal Code and Palm Desert Ordinance Number 653.
24. The applicant shall enter into an agreement and post security, in a form and amount
acceptable to the City Engineer, guaranteeing the construction of all off -site improvements.
Improvements shall include, but are not limited to:
A. The installation of a deceleration lane on Hovley Lane East.
B. The installation of a traffic signal at the intersection of Hovley Lane East and Jasmine
Lane. This intersection shall accommodate crosswalks. The applicant shall intercept
existing fiber optic cable from Portola Avenue to Corporate Way.
C. Remove existing median island between The Sands entry and the existing Canterra
Apartments entry, reconstruct a pavement section, and install a two-way left turn
lane.
D. The eastern access to The Sands should provide a stacking distance for a minimum
of four exiting vehicles and still maintain adequate circulation for inbound traffic.
11
CITY COUNCIL RESOLUTION NO. 2018-18
E. Curb returns on Hovley Lane East must have a minimum radius of 25 feet.
F. The width of the exit lane at the eastern access of The Sands shall be a minimum of
24 feet.
BUILDING AND SAFETY DEPARTMENT:
25. This project shall comply with the latest adopted edition of the following codes:
A. 2016 California Building Code and its appendices and standards.
B. 2016 California Residential Code its appendices and standards.
C. 2016 California Plumbing Code and its appendices and standards.
D. 2016 California Mechanical Code and its appendices and standards.
E. 2016 California Electrical Code.
F. 2016 California Energy Code.
G. 2016 California Green Building Standards Code.
H. 2016 California Administrative Code.
I. 2016 California Fire Code and its appendices and standards.
26. Provide building height and area analysis to determine compliance with CBC Section
503. Justify any area increases to height and area as permitted per CBC Sections 504
and 506.
27. Submit an exit plan that labels and clearly will show compliance with all required egress
features such as, but not limited to, common path of travel, the required number of exits
and separation, occupant load, required width, continuity, travel distance, elevators, etc.
CBC 1001.1.
28. An approved automatic fire sprinkler system shall be installed as required per the City of
Palm Desert Code Adoption Ordinance 1265.
29. A disabled access overlay of the precise grading plan is required to be submitted to the
Department of Building and Safety for plan review of the site accessibility requirements
as per 2013 CBC Chapters 11 A & B (as applicable) and Chapter 10.
30. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 &
11 B-206).
31. Detectable warnings shall be provided where required per CBC 11 B-705.1.2.5 and 11 B-
705.1.2.2. The designer is also required to meet all ADA requirements. Where an ADA
requirement is more restrictive than the State of California, the ADA requirement shall
supersede the State requirement.
32. Provide an accessible path of travel to the trash enclosure. The trash enclosure is
required to be accessible. Please obtain a detail from the Department of Building and
Safety.
33. Public pools and spas must be first approved by the Riverside County Department of
Environmental Health and then submitted to the Department of Building and Safety.
Pools and Spas for public use are required to be accessible.
12
CITY COUNCIL RESOLUTION NO. 2018-18
34. All contractors and subcontractors shall have a current City of Palm Desert Business
License prior to permit issuance per PDMC, Title 5.
35. All contractors and/or owner -builders must submit a valid Certificate of Workers'
Compensation Insurance coverage prior to the issuance of a building permit per
California Labor Code, Section 3700.
36. Address numerals shall comply with Palm Desert Ordinance No. 1265 (Palm Desert
Municipal Code 15.28. Compliance with Ordinance 1265 regarding street address
location, dimension, stroke of line, distance from the street, height from grade, height
from the street, etc. shall be shown on all architectural building elevations in detail. Any
possible obstructions, shadows, lighting, landscaping, backgrounds or other reasons
that may render the building address unreadable shall be addressed during the plan
review process. You may request a copy of Ordinance 1265 or Municipal Code Section
15.28 from the Department of Building and Safety counter staff.
37. Please contact Department of Building & Safety Building at (760) 776-6420) regarding
the addressing of all buildings and/or suites.
FIRE DEPARTMENT:
37. Fire Department emergency vehicle apparatus access road locations and design shall
be in accordance with the California Fire Code, City of Palm Desert Municipal Code, and
Riverside County Fire Department Standards. Plans must be submitted to the Fire
Department for review and approval prior to building permit issuances.
38. Fire Department water system(s) for fire protection shall be in accordance with the
California Fire Code, City of Palm Desert Municipal Code, and Riverside County Fire
Department Standards. Plans must be submitted to the Fire Department for review and
approval prior to building permit issuances.
13
Ceja, Eric
To:
Subject:
Begin forwarded message:
June Engblom
RE: Concerned residents in Portola CC
From: imbecs@'gmail.com
Date: April 24, 2018 at 5:36:00 PM PDT
To: citvofnalmdesert@citvofpalmdesert.ort!
Subject: Concerned residents in Portola CC
Good Evening to the PD City Council,
We have attended many of the planning meetings concerning the Sands Development which will
butt up to many of our PCC neighbors and Venezia neighbors and we applaud many adjustments
made by developer on behalf of all concerned.
We live one block from Angels Camp Rd and although we will not be affected by the lack of
view of mountains nor the noise factor that several of our neighbors will experience with 700+
residents and vehicles, it will affect our home value. We are in favor of an 8' wall between then
Sands development and Portola CC on Angels Camp Rd.
A major concern is the extra traffic on Hovely Lane East and the addition of another stop
light. It is crazy now trying to make a right turn onto Hovely during start of school, then very
dangerous when wanting to make a left onto Portola with many cars doing u-turns on to Hovely
from the school.
Thanks for hearing us out.
Elayne Stull & Judith Bastian PCC
1
Ceja, Eric
From: Karen & Don Woolworth <doolworth@dc.rr.com>
Sent: Tuesday, April 24, 2018 6:00 PM
To: Ceja, Eric
Cc: Nestande, Gina; Kelly, Kathleen
Subject: Sands
Makeconcesdions pleas:The key points can be narrowed down to construction of an 8 ft wall as privacy and elevation is
a major issue, with two rows of mature landscape, name the adjoining homeowners as additionally insured with a zero
deductible and move buildings 8 and 11 forward by swapping them with buildings 1,2,4,6 or 7. Thank you Karen
Woolworth
1
Ceja, Eric
From: Jack and Susan Youmans <jackandsusanyoumans@yahoo.com>
Sent: Wednesday, April 25, 2018 3:19 PM
To: CityhallMail
Cc: Ceja, Eric; Kelly, Kathleen; Weber, Susan Marie; Jonathan, Sabby; Nestande, Gina
Subject: [SPAM] - The Sands Project
My name is Susan Youmans. Five years ago, after traveling the country in an RV for 12
years, my husband and I made the decision to move to Palm Desert. We had wintered
in the valley for seven years prior, and got to know the cities that occupy this beautiful
valley very well. We chose Palm Desert as it seemed to be a hub for entertainment and
shopping, while still maintaining residential areas that were able to enjoy the beautiful
views. We were also impressed by how well the city was managed.
My husband and I live in Portola Country Club. The approval of the Sands Project,
particularly the three story buildings, is very disturbing, particularly since we thought we
were moving into a part of the city that was zoned residential. Now, we find that this is
not the case. In fact we are now zoned with the designation of "Town Center."
Of course, this is all water under the bridge. Amid an outcry of protests from Portola
Country Club, Venezia, and Canterra (initially), the project, with some concessions by
the builder, was approved by the planning commission.
With all that being said, I am writing to ask that if you do vote to approve the Sands
Project please do so with the following conditions: 1. Require the builder to construct a
new eight foot wall on the Portola Country Club border, with two rows of mature
landscape buffer in the easement between the two properties. 2. Name the
homeowners on Angels Camp Road, who will be directly affected by the construction, as
additional insured, with no deductible, to cover damages caused during
construction. 3. Move buildings 8 and 11 forward and swap them with 1,2,4,6,7, or
10. 4. Lower the grade on the property so the buildings do not tower over the one
story residential homes adjoining the project.
Respectfully,
Susan Youmans
1
Klassen, Rachelle
From:
Sent:
To:
Cc:
Subject:
Attachments:
Stanley, Jane
Thursday, April 26, 2018 11:11 AM
Ceja, Eric
Klassen, Rachelle
FW: Sands Project Hearing
Kathleen Kelly.pdf; Jan Harnik.pdf
Blind copied to Kathleen Kelly and Jan Harnik.
From: Loren Campbell[mailto:loren@Iorencampbell.com)
Sent: Thursday, April 26, 2018 11:07 AM
To: CityhallMail <Cityhall@cityofpalmdesert.org>
Subject: Sands Project Hearing
Can you please forward each of the attachments to Councilmember Harnik and Councilmember Kelly. Thank you
Loren Campbell
74051 Via Pellestrina
Palm Desert, CA 92260
909-499-3295
/.D
N
CCP
0
1
April 26, 2018
Councilmember Kathleen Kelly
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92260
Subject: Sands Apartment Project
Dear Councilmember Kelly:
We'd like to thank you first for supporting the continuance on this matter so that residents had an
opportunity to meet with Lee Newell to work on a better solution. That meeting was very productive,
and we are confident the City Council will have a better plan to vote on this week.
Prior to that meeting, there were two 3 story buildings that affected our communities, Number 8 and
11. At that meeting, Mr. Newell agreed to eliminate one of them by reconfiguring some other buildings
and adding an additional 2 story building, #16. This leaves us with one remaining 3 story building to
resolve. We proposed that Mr. Moran from Canterra allow the move of the third story to either one of
Buildings 6, 7, or 10; to which he vigorously refused stating that it would impact the views of their
residents. Building 10 is immediately next door to 11, but from the surrounding community map it
appears that Building 7 might be a better choice because it is aligned with Canterra's parking and
driveways.
We are confused why Mr. Moran's 2 story views are more important than our single story communities.
Canterra's buildings are already 2 story buildings and higher in elevation, so it would be less of an impact
when laid out next to 3 story buildings. We would also like to point out that the original site plan had
Five 3 story buildings adjacent to Canterra's 2 story community.
Our communities would also find Buildings 1, 2, or 4 acceptable. Mr. Newell explained that Building 1
would be objectionable because the third story would create shade in his pool area, and we think that is
reasonable. While Building 2 would be ok with our communities, Mr. Newell felt that the 3 story building
at the front would take away from the appearance of the project from the street. As a last option, we
would recommend that Building 4 go back to 3 story. We clarified with Mr. Greenwood from the
Planning Commission that his recommendation for the change to 2 story was made for appearance
purposes, and was not made due to any school safety concerns.
Our list of requests to the plan can be summarized as follows:
• We approve Mr. Newell's latest plan for the additional building 16, and the reduction in height
of Building 8 or 11. We request that the remaining third story be moved to either 7, 10, 6, 2, or
4. This plan would also increase the number of apartments by 4 units to a total of 388 units.
• We support Mr. Newell's proposal to add back the garages along Via Garibaldi with the 8'
landscaping barrier and plantings.
• Add the residents living immediately adjacent to the construction site as Additional Insureds on
New Cities insurance policy to protect them from damage related to construction. There is a
huge mass of soil being moved, so settling of soils, wall damage, or broken windows is very
likely, it happened during the construction of Canterra.
• Increase the wall bordering Portola to 8' above ground level on the Sands side. Landscaping
shall be a combination of hedges and trees placed appropriately to ensure privacy, and shall be
planted in Phase One with mature trees and shrubs, with a minimum size of 36" boxes.
Thank you very much for your time, we hope that you can support us in our requests.
Sincerely,
Loren Campbell
74051 Via Pellestrina
Richard Wohl
74175 Via Pellestrina
June Engblom
74324 Angels Camp Rd
Jose Martinez Orrin Weinstein
74051 Via Pellestrina 74156 Via Pellestrina
David Newman
74121 Via Venezia
Joan FitzGibbon
74384 Angels Camp Rd
April 26, 2018
Councilmember Jan Harnik
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92260
Subject: Sands Apartment Project
Dear Councilmember Harnik:
We'd like to thank you first for supporting the continuance on this matter so that residents had an
opportunity to meet with Lee Newell to work on a better solution. That meeting was very productive,
and we are confident the City Council will have a better plan to vote on this week.
Prior to that meeting, there were two 3 story buildings that affected our communities, Number 8 and
11. At that meeting, Mr. Newell agreed to eliminate one of them by reconfiguring some other buildings
and adding an additional 2 story building, #16. This leaves us with one remaining 3 story building to
resolve. We proposed that Mr. Moran from Canterra allow the move of the third story to either one of
Buildings 6, 7, or 10; to which he vigorously refused stating that it would impact the views of their
residents. Building 10 is immediately next door to 11, but from the surrounding community map it
appears that Building 7 might be a better choice because it is aligned with Canterra's parking and
driveways.
We are confused why Mr. Moran's 2 story views are more important than our single story communities.
Canterra's buildings are already 2 story buildings and higher in elevation, so it would be less of an impact
when laid out next to 3 story buildings. We would also like to point out that the original site plan had
Five 3 story buildings adjacent to Canterra's 2 story community.
Our communities would also find Buildings 1, 2, or 4 acceptable. Mr. Newell explained that Building 1
would be objectionable because the third story would create shade in his pool area, and we think that is
reasonable. While Building 2 would be ok with our communities, Mr. Newell felt that the 3 story building
at the front would take away from the appearance of the project from the street. As a last option, we
would recommend that Building 4 go back to 3 story. We clarified with Mr. Greenwood from the
Planning Commission that his recommendation for the change to 2 story was made for appearance
purposes, and was not made due to any school safety concerns.
Our list of requests to the plan can be summarized as follows:
• We approve Mr. Newell's latest plan for the additional building 16, and the reduction in height
of Building 8 or 11. We request that the remaining third story be moved to either 7, 10, 6, 2, or
4. This plan would also increase the number of apartments by 4 units to a total of 388 units.
• We support Mr. Newell's proposal to add back the garages along Via Garibaldi with the 8'
landscaping barrier and plantings.
• Add the residents living immediately adjacent to the construction site as Additional Insureds on
New Cities insurance policy to protect them from damage related to construction. There is a
huge mass of soil being moved, so settling of soils, wall damage, or broken windows is very
likely, it happened during the construction of Canterra.
• Increase the wall bordering Portola to 8' above ground level on the Sands side. Landscaping
shall be a combination of hedges and trees placed appropriately to ensure privacy, and shall be
planted in Phase One with mature trees and shrubs, with a minimum size of 36" boxes.
Thank you very much for your time, we hope that you can support us in our requests.
Sincerely,
Loren Campbell
74051 Via Pellestrina
Richard Wohl
74175 Via Pellestrina
June Engblom
74324 Angels Camp Rd
Jose Martinez Orrin Weinstein
74051 Via Pellestrina 74156 Via Pellestrina
David Newman
74121 Via Venezia
Joan FitzGibbon
74384 Angels Camp Rd
Klassen, Rachelle
From: Randy & Larry <Ilrcb50@yahoo.com>
Sent: Thursday, April 26, 2018 11:14 AM
To: Klassen, Rachelle
Subject: Project Proposal.pdf
Attachments: Project Proposal.pdf; ATT00001.htm
Rachelle,
On the recommendation of the Council at the last meeting, Portola Country Club Residents met with the Sands
Developer, Mr. Lee Newell, to discuss our concerns for moving forward with The Sands Project. It was a very
productive and informative meeting where many ideas and and thoughts were discussed and addressed.
Prior to the beginning of the meeting, I presented Mr. Newell with an Action Plan that Portola C.C. had
prepared, which included six specific bullet points that we would like Mr. Newell to agree to before moving
forward with a The Sands Project. I am attaching that Action Plan here so that the Council will have it to refer
to during tonight's meeting.
As this document was developed for the Developer/Portola Residents Meeting, which was on the
recommendation of The Council from the last meeting, I thought that this document should be used as reference
document, for tonight's Council Meeting and not just be considered an email from the citizens at large.
Can you please distribute this document for their ready reference for tonight's meeting?
Thank you in advance,
Randy Burden
(760) 565-3063
1
PORTOLA COUNTRY CLUB REQUEST FOR CONSIDERATION
RANDY BURDEN & LARRY BARNES
74193 Zircon Circle W., Palm Desert, Ca 92260 H: 760-565-3063 C: 916-548-2009
Acto
Pla
Prepared for: Developer, Newell
Prepared by: Randy Burden & Larry Barnes
April 18,2018
PORTOLA COUNTRY CLUB REQUEST FOR CONSIDERATION
RANDY BURDEN & LARRY BARNES
74193 Zircon Circle W., Palm Desert, Ca 92260 H: 760-565-3063 C: 916-548-2009
SUMMARY
Without a doubt, the Portola Country Club homeowners and residents recognizes that if this project is approved
by The City of Palm Desert, it will be a welcome and beautiful Class A Development Project, that will provide
wonderful housing opportunities for many new and contributing residents to the City of Palm Desert. Our hope in
Portola Country Club, is that these new residents, like we who have raised our voices and worked with Mr. Newell
on this project, will participate, make their voices heard and affect future projects as we as The City Of Palm
Desert, moves toward welcoming more development in the coming years and improve the process for future
projects with developers like Mr. Newell.
Objective
Mutually agree upon a strategy to meet the needs of the existing Portola Country Club, Homeowners and
Residents and of The Sands Project Developer, Mr. Newell
Goals
We wish to resolve issues related to the construction of The Sands Project, as soon as possible to the satisfaction
of all parties and move forward with confidence that both the existing Property Owners and Residents, along with
the City of Palm Desert and the Developer, Mr. Newell, will be whole, and satisfied with the solutions upon
completion.
Solution
Three story buildings # 11 & 8, should be moved forward and swapped with buildings # 1, 2, 6 or 7.
Construct a new wall at the property line between Portola Country Club and The Sands Project. The wall, with
the approval of a City variance, should be increased to between 8' - 12' which follows the contour of the
property. The new wall will provide an appropriate level privacy screening and reduce the environmental impact
to the existing residents, reduce noise, "environmental quieting" reduction of ambient light and heat radiating
from buildings, streets and other improvements from the Sands Project Development.
The Developer should individually name and include adjacent Portola Country Club Property owners and
residents in their overall construction insurance umbrella policy with $0.00 deductibles, for any consequential
damages to their homes, during the construction phase of the project.
Require that the Landscape adjacent to Portola C. C. Property line, be placed in the first phase of the project
time line. This will assure that during and the at the end of the 24-36 month building cycle, the neighboring
residents will see a mature thriving greenbelt in place upon the first residents arrival at The Sands.
PORTOLA COUNTRY CLUB REQUEST FOR CONSIDERATION
RANDY BURDEN & LARRY BARNES
74193 Zircon Circle W., Palm Desert, Ca 92260 H: 760-565-3063 C: 916-548-2009
1. Landscape plant materials and installation should be done with approval of The City of a Palm Desert.
Appropriate desert landscape materials and plants of an evergreen nature and in sizes that assure the goals of
the neighboring residents are met.
2. Canopy trees selected should be a combination of 48" box background trees and 24 - 48" box foreground
evergreen trees of varying texture, color, desert tolerance, durability and water wise selections.
1. Rear placed Canopy Trees: Acacia Salicina, Southern Live Oak;
2. Front placed Canopy Trees: Desert Museum Palm Verde, Mesquite;
3. Understory plants: Dwarf Ornamental Olive, Petit Pink Oleander,
Leucophyllum Compacta, Durante Sweet Memory Bush, Tacoma
Lydia, Olea Munchkin, Lagerstroemia Tuscarora, Xylosma.
Upon completions of the project, the Landscape plan should be filed with The City to assure that appropriate
landscape materials are replaced and renewed as necessary over the life of the Sands Project.
- Exterior Lights, parking area lights and landscape lights should be of the type to avoid environmental wash and
encroachment into neighboring properties.
We are confident in and enthusiastic about you meeting these simple process oriented concession and goals. We
believe that adding these to your plans will have minimal impact to The Sands Project and show that our concerns
outweigh the importance developing this project without important input from the voting members of our
community, and the leadership that we are proud to call ours -The City of Palm Desert!
Warm regards and thank you for considering our concerns!
Portola Country Club Residents
Randy Burden & Larry Barnes
74-193 Zircon Cir W., Palm Desert, 92260
(760) 565-3063
45' EASEMENT
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Klassen, Rachelle
From: Stanley, Jane
Sent: Thursday, April 26, 2018 1:10 PM
To: Ceja, Eric
Cc: Klassen, Rachelle
Subject: FW: Portola CC vs Sands Project
Blind copied to the City Council
From: June Engblom [mailto:juneengblom@yahoo.com]
Sent: Thursday, April 26, 2018 1:07 PM
To: CityhallMail <Cityhall@cityofpalmdesert.org>
Subject: Fwd: Portola CC vs Sands Project
Sent from my iPhone
Begin forwarded message:
From: Patricia McNamara <patmacl( sbcalobal.net>
Date: April 26, 2018 at 1:04:19 PM PDT
To: June Engblom <iuneengblomavahoo.com>
Subject: Fw: Portola CC vs Sands Project
Reply -To: Patricia McNamara <patmacl@sbeglobal.net>
On Wednesday, April 25, 2018 4:26 PM, Diana Ritz <diana.ritzaverizon.net> wrote:
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My name is Diana Ritz, I am a resident at Portola Country Club. I am sending this email in
protest to the excessive and intrusive development plans submitted by New Cities Investment
Partners LLC, who purchased in 3/2017. I was extremely disappointed at your last city
planning committee meeting!
It was clear the moment city attorney spoke that our voices were to be heard by deft ears. It
was also clear to me that Newell and Moran are cooperating with each other.. especially since
New Cities purchased this land last year from Canterral.. Take a look at the recorded title, this
property was also a Non -Arms Length transaction between the two as stated on the title! Also,
the Environmental Impact statement commission accepted was done by a company hired by
New Cities, certainly the company they hired would be biased. As a tax payer it is the
responsibility of the city to verify the legitimacy and obtain an unbiased report.
The development they are requesting is a huge negative to the nearby residents, school, traffic
load. I understand the City of Palm Desert stands to gain financially by cooperating with HUD
however this is at the expense to the residents who pay taxes and employ the city
i
representatives!
To allow a development with plans to build 2 and 3 story buildings is beyond incomprehensible
and not even addressing the excessive unit numbers! I encourage you to visit our property and
take a good look at 1) how the height of buildings will block the beautiful Mountain View we
as homeowners PAID for, and the reason we came to palm Desert 2) the excessive noise level
this will add to what is currently a quiet neighborhood 3) the intrusiveness to our privacy as
these building heights will tower over the surrounding properties, which are NOT
COMMERCIAL but Residential!
I understand the city must seek sources to improve financial resources BUT not at the expense
of developments/residents who are long term city supporters! Certainly Portola CC is! In
addition, developer must be responsible for building a higher wall, clarify planting more mature
soft scrape, insure liability to surrounding properties for any damage caused by construction.
As a Realtor I respect this developers rights and desire to develop for profit, but this should not
be at the expense, infringement and disrespect to existing residents. I ask the city reduce the
total of units and reduce the heights of the development to protect the beauty and desirability of
this city and respect the current residents!
Sent from by Diana Ritz, 74402 Zircon Cir E, Palm Desert
310-999-4380
Diana Ritz, Realtor
Century21 Union Fine Homes & Estates
Diana. Ritznverizon. net
310.999.4380
CaIBRE#01357566
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