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Home My WebLink AboutSupplemental - Non Agenda Public Comment (submitted prior to noon deadline) reduced for webFrom:Owen Whiteman To:CouncilMeeting Comments Subject:Building Department Date:Tuesday, February 8, 2022 11:32:41 AM Council members We have just finished building the new VA Clinique for the Veterans Administration here in Palm Desert. I just wanted to pass on to you a very sincere compliment on our relationship with the City’s building dept. Your staff both office and field have always exemplified professionalism and a real desire to help us meet our goals and timeline. The project has been a success and much of that success we owe to the City. The City of Palm desert is a great place to build. Sincerely Owen Whiteman Superintendent, Sierra view Const. From:Regina Basterrechea To:CouncilMeeting Comments Subject:74-043 El Cortez Way, Second Story Addition Privacy Concerns Date:Thursday, February 10, 2022 7:17:36 AM Attachments:We sent you safe versions of your files.msg Minutes100819.pdf Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files. Dear Mayor Harnick, Mayor Pro-Tem Jonathan, and Council Members, I hope this email finds you well. The reason for my message today is to bring to your attention some privacy concerns I have that have come about due to a change in zone from R- 1 to R-2 that occurred in 2017. This change has allowed two story structures, up to 30' to be built in a historically single story, ranch home, working class neighborhood here in Palm Desert. The first two story structure in this zone has begun construction to the north of my property. The property is located at 74-043 El Cortez Way. I understand that the changes were made to increase density and I don't have an issue with that, the issue is this particular addition has a wrap-around balcony that looks out over my backyard to the south, to my neighbors backyard to my east and looks directly into the neighbors pool and backyard to the east of the addition. The structure also has two large glass doors that look directly into the neighbor to the east's backyard. Back on October 8th of 2019, Associate Planner Mr. Kevin Schwartz, and the property owner, Todd Estenson, brought this project to the Architecture Review Board and discussed it with the commissioners. The commissioners were concerned with the height allowance of thirty feet and the lack of guidelines and issued a continuance to discuss this in the future. Unfortunately, that continuance never happened and the project was given the green light without approval from the Architecture Review Commission and is under construction. Please imagine how you might feel standing in your backyard, a yard that was private and now having your family swimming with strangers looking over into your yard. I realize that privacy is a privilege but we can do better. We can provide guidelines that allow for more density with appropriate heights, and window placements that let in light and views but protect everyone's privacy. Sadly, there is no doubt that this addition, if left as is, is going to negatively impact the quality of life of the neighbors and is setting a bad precedent for future construction. I would very much appreciate it if this project was brought back to the Architecture Review Committee to help solve the privacy issues. I know this isn't particularly fair to the property owner but something needs to be done. Removing the balcony on the south and east side would be a good start as well as adding privacy glass to the east facing windows. Guidelines need to be established for future projects in order to prevent issues like this from happening and it's likely there are other projects in the pipeline that will likely end up with these issues if it's not addressed soon. s Attached are photos of the project from my yard, I am grateful to have a very large mature tree or I would be losing a significant amount of privacy but the rest of my neighbors are not so lucky. I have also attached the meeting minutes from the ARC meeting that occurred back in October of 2019. Thank you for your service and understanding. Sincerely, Regina Basterrechea 74046 De Anza Way 760-799-6550 talk/text 1RQ$JHQGD3XEOLF&RPPHQW 1RQ$JHQGD3XEOLF&RPPHQW 1RQ$JHQGD3XEOLF&RPPHQW 1RQ$JHQGD3XEOLF&RPPHQW 1RQ$JHQGD3XEOLF&RPPHQW 1RQ$JHQGD3XEOLF&RPPHQW 1RQ$JHQGD3XEOLF&RPPHQW 1RQ$JHQGD3XEOLF&RPPHQW 1RQ$JHQGD3XEOLF&RPPHQW 1RQ$JHQGD3XEOLF&RPPHQW 1RQ$JHQGD3XEOLF&RPPHQW 1RQ$JHQGD3XEOLF&RPPHQW HiCityCounselMendandWomen, MynameisJaredPortolesi,IliveonElCortezWayin PalmDesertwithmybeautifulwifeand4young childrenranginginagesfrom3-14.Iwasbornand raisedhereinPalmDesertasweremysevenother siblings,andallofmychildren.Ourrootsgodeepinthis cityandweloveitpassionately. SinceIspokeatthelastcitycouncilmeetingonJanuary 28thtoexpressmyconcernsregardingthe2ndstory additionnextdoortomyfamily’shome,therehavebeen nomitigatingeffortsmadebythecityofPalmDesertto solvethecompletelackofprivacywenowhaveinour yard,pool,andhome. Weliveinaneighborhoodwithallsinglestoryhomes mainlybuiltbetween1955–1979andtheywerenot meantfora2ndstory.Wenowhavea30footbuildingto oureastwithtwolargeslidingglassdooropeningswith awraparounddeckandaadditionalwindowpeering directlyintoourbackyardandpoolareasaswellasthe backwindowsofourhome. WhenIinitiallycalledthecityandspokewithMartine Alvarez,Iwastoldthatthisisthefirst2ndstorytobe builtinthisarea.NowthattheCityseesthe ramificationsofthenegativeeffectsithasonthe surroundingneighbors,theCitywillneedtomake changestotheordinance.Hestatedhecompletely 1RQ$JHQGD3XEOLF&RPPHQW understandswhereIamcomingfromandagreedthat hewouldnotacceptthisifitwerehishome.Butwhere doesthatleavemyfamily? Asyoucanseebythepicturessubmittedtothecity councilemailearliertodaythishousehasnotonly strippedourfamilyofallprivacybuthasalso completelyboxedusinstealinganybitofaviewofthe mountainsandsunsetsweusedtoenjoy. This2ndstoryadditionhasawraparounddeckthatthe twoslidingdoorswalkouton.Thisservesonlyone purpose,andthatistopeerintoouryardandourpool. Ourrightstoprivacyinourownhomehavebeen trampledoninthissituation.Thishomebeingbuiltin thewayitis,isatotalformof“takings”fromus,andour home’svalue.Withthis30fthometoweringoverours andstrippingusofourprivacyandviews,wenowdeal withacompletediminutionofvalueofourhome. Plainlyputourhomeisnownotworthwhatit previouslywasbeforewereviolatedbythishomeand theCityofPalmDesertforallowingthistohappen.This fallsinlinewiththissortofhomereallydestroyingthe characterofourneighborhood. MartineAlvarezinformedmethathetookitupon himselftospeaktomyneighboronmybehalfwithout myconsenttolethimknowthatIhaveconcerns regardingtheremodelandthatIhavetakenthose complaintstotheCity.Ethicallyasanemployeeofthe 1RQ$JHQGD3XEOLF&RPPHQW City,thisiscompletelyunacceptable.Thisnowformsa unnecessaryvolatilesituationbetweenmyneighborI, whereasbeforenowtherehasneverbeenasingleissue betweenus. TheonlycommunicationthatIhavereceivedfrom MartineAlvarez,isthathespokewithToddthehome ownernextdoor,whotoldMartinethathewasnot willingtoforgothewraparounddeckandwasnot willingtomaketheglassonthesecondstoryobscure. Martinethentoldmeinavoicemailandonthephone, thatmyneighbortoldMartinetojusthavemegoover tohishouseandspeakwithhimabouthim“possibly” puttingupsomelandscapingtohelpwithprivacy.This wascompletelyinsultingandquiteridiculous.Inormy familycreatedthisissueandshouldnotbemadetofixit inanyway.Thethoughtthatthepersonwhohadno issuebuildingthisadditionknowinglytakingourview andviolatingourprivacywasnowsomehowcapableto comeupwithasolutionwithoutbeingforcedisasinine. ThiswasanextremeegregiousoversightoftheCityof PalmDesert.ThePlanningDepartmenttookthis requestforapprovaltotheArchitecturalReview CommitteeonOct8thof2019.Acopyoftheminutes wassentintotheCouncilemailearliertoday.Asyoucan seebasedontheminutes,everyoneofthecouncil membersontheArchitecturalReviewCommittee expressedsevereconcernswiththisdesignandeffects ontheneighbors,andprivacy.Thisprojectwasnot 1RQ$JHQGD3XEOLF&RPPHQW approvedandtheactionsetwastocontinuethematter toanotherdate. Afterspendingtimetorevieweverysinglepublicrecord oftheArchitecturalReviewhearingsonPalmDesert City’swebsite,Ifoundthattherewasnevera subsequentArchitecturalReviewforthisproject.Even afterbeingbroughttothecommitteeanddenied,the PlanningDepartmentdecidedtostampthisprojectand allowittobebuilt.FromeverythingIhavebeenableto findthisisthecase. MayorHarnickIunderstandyouhaveahomenottofar fromme.Ifthiswasyourhouse,oranyothermemberof theCityCouncil,thiswouldneverhavehappenedinthis way. IamaskingtheCitytohelpwiththismatter,asthe renovationisstillinframingstages.Iunderstandthat2 storyhomesaregoingtobebuiltnowinthisarea,Ido notagreewithitnordoalmostallofmyneighbors.The goalisnottostopthatfromhappening,thegoalisto ensurethatwhenitdoeshappenthatthecitytakes greatcareandfollowsthechecksandbalancesinplace tomakesurethateachandeveryresidentofthis amazingcitygettheprotectionoftheirrightsthatthey deserve. Thankyou, JaredPortolesi 1RQ$JHQGD3XEOLF&RPPHQW 1RQ$JHQGD3XEOLF&RPPHQW 1RQ$JHQGD3XEOLF&RPPHQW 1RQ$JHQGD3XEOLF&RPPHQW 1RQ$JHQGD3XEOLF&RPPHQW 1RQ$JHQGD3XEOLF&RPPHQW 1RQ$JHQGD3XEOLF&RPPHQW 1RQ$JHQGD3XEOLF&RPPHQW 1RQ$JHQGD3XEOLF&RPPHQW 1RQ$JHQGD3XEOLF&RPPHQW 1RQ$JHQGD3XEOLF&RPPHQW 1RQ$JHQGD3XEOLF&RPPHQW From:Alena Callimanis To:CouncilMeeting Comments Cc:Niamh M. Ortega Subject:Callimanis Presentation: Request to speak February 10, 2022 Items not on Public Agenda Date:Thursday, February 10, 2022 11:49:39 AM Attachments:We sent you safe versions of your files.msg CallimanisCityCouncilFeb10NotonPublicAgenda.pdf Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files. My apologies this is so late. If possible, I would like this displayed as I speak. Thank you very much. Alena Callimanis 81469 Rustic Canyon Dr La Quinta, CA 92253 919 606-6164 > On Feb 9, 2022, at 4:56 PM, CouncilMeeting Comments <CouncilMeetingComments@cityofpalmdesert.org> wrote: > > Good afternoon Ms. Callimanis, > > Thank you for your e-mail. We will look forward to hearing you speak at tomorrow's meeting. Typically, any documentation is provided to staff and/or Council ahead of the meeting deadline if you request that it be shared as public comment, and is also incorporated into the public record of the meeting. You are welcome to submit any information you would like to share prior noon tomorrow to have Council receive it ahead of the meeting. > > Kind regards, > > > Niamh M. Ortega > Deputy City Clerk > Ph: 760.346.0611 Direct: 760.776.6487 > nortega@cityofpalmdesert.org > > -----Original Message----- > From: Alena Callimanis <acallimanis@gmail.com> > Sent: Wednesday, February 9, 2022 3:56 PM > To: CouncilMeeting Comments <CouncilMeetingComments@cityofpalmdesert.org> > Subject: Request to speak February 10, 2022 Items not on Public Agenda > > Thank you very much for the opportunity to speak on February 10, 2022 items not on Public Agenda. The item will be on DSRT Surf. I will provide later tonight charts that I understand I can request to be shown, but it is at the discretion of the Mayor. Is that accurate? > > Thank you very much. > > Alena Callimanis > 81469 Rustic Canyon Dr > La Quinta, CA 92253 1RQ$JHQGD3XEOLF&RPPHQW > 919 606-6164 > 1RQ$JHQGD3XEOLF&RPPHQW Just Some Considerations going forward with DSRT SurfAlena Callimanis81469 Rustic Canyon DrLa Quinta, CA 92253acallimanis@gmail.com1RQ$JHQGD3XEOLF&RPPHQW Is DSRT Surf really public•DSRT SURF states that wave basin use priority will be given to residents and hotel guests•That will also include the “on-site” timeshares that already say they would advertise the wave basin as an amenity•Otherwise there would have been significant opposition from them to 80 foot light poles, hours 6am to 12am and 7 days a week of music•Don’t forget 6am start times means workers start arriving at 5am•Noise will be constant•Pool cleaning will be after midnight•YOU MUST ASK FOR A MINIMUM NUMBER OF PUBLIC SLOTS PER DAY(at least 33% or more)1RQ$JHQGD3XEOLF&RPPHQW Cloward H2O did a review of Geotech Report by Sladden Engineering•ClowardH2O found the Geotech Report by Sladden Engineering missed many key issues of this particular site in regards to surf basin reinforcement taking into consideration the dynamic loading of wave movement (water is heavy!)•There are also concerns with Seismic impact on the wave basin vs just the buildings as focused on by Sladden•Please make sure these are thoroughly vetted1RQ$JHQGD3XEOLF&RPPHQW The Cloward H2O reports provides Public Health recommendations for the Wave Basin•Cloward H2O talked about the need to cool the water for health (bacterial) safety and evaporation reasons the developer did not consider (Cloward H20 included cooled water in their calculations which means less evaporation since hot water evaporates more than cold water). •Cloward H2O discusses challenges for keeping the basin free of debris, sand and algae (4.5 football fields…and really wide)•Please make sure these are incorporated into final designs1RQ$JHQGD3XEOLF&RPPHQW Thank you for focusing on water•The City of Palm Desert has really worked with DSRT Surf to look at the issues•The attached “marketing document” needs to be corrected or removed from your website•Evaporation cannot be reclaimed•Water can’t come from the aquifer to the pool without treatment•Water can’t go directly back into the aquifer without treatment (must go into the lake where storm water is also drained)•If the pool is not adequately cooled as recommended by Cloward H2O it will not be able to be used in our hot summers without significantly more chlorination to stop algae growth and brain-eating bacteria•Please make sure you monitor water usage closely1RQ$JHQGD3XEOLF&RPPHQW Water can’t go directly to aquifer – it would contaminate our aquifer – should go into the lake; can’t reclaim evaporation1RQ$JHQGD3XEOLF&RPPHQW Please use “24 acres” of turf removal not “1,000,000 square feet” of turf removal•Please keep an eye on water all the time – you are removing only 24 acres from your 515+ acre golf resort•We believe evaporation numbers still low still ClowardH20 used a 25 year average vs. focusing on increasing heat every year•We have an evaporation analysis for Coral Mountain Surf Resort in La Quinta for 2020 when we had 150 days over 100 degrees if you are interested in seeing that applied to DSRT Surf1RQ$JHQGD3XEOLF&RPPHQW 1RQ$JHQGD3XEOLF&RPPHQW 2016 California Code Health and Safety Code - HSCDIVISION 104 - ENVIRONMENTAL HEALTHPART 10 - RECREATIONAL SAFETYCHAPTER 5 - Safe Recreational Water Use•The wave basin operator shall maintain clean wave basin water while the wave basin is in use•The wave basin operator shall not allow debris, including, but not limited to, floating scum, sputum, trash, or leaves, to accumulate in the wave basin. •The wave basin operator shall ensure that water levels aremaintained and operated to remove that material continuouslythrough the wave basin skimming or overflow system.1RQ$JHQGD3XEOLF&RPPHQW Health Code continued•The wave basin operator shall clean the bottom, sides, and other surfaces of the wave basin as often as necessary to keep the bottom, sides, and wave basin surfaces clean and free of slime and algae•A person operating or maintaining a wave basin shall do so in a sanitary, healthful, and safe manner1RQ$JHQGD3XEOLF&RPPHQW From:Nick Miller To:CouncilMeeting Comments Subject:74043 El Cortez Way Date:Thursday, February 10, 2022 10:56:49 AM My name is Nick Miller, I’m a certified residential appraiser and real estate broker. I’ve lived at 74058 De Anza Way, Palm Desert for more than 10 years. At 74043 El Cortez there is a second story addition being constructed. My understanding is that this has been approved by the planning department but was not reviewed by the architectural committee. It also seems unlikely that this addition is adhearing to local height guidelines. The completion of the structure will have significant adverse impacts on the property values of my home as well as neighboring homes and will significantly reduce my right to privacy and quiet enjoyment. The structure appears to have balconies which would essentially make my backyard a public space. I ask if the city Council will have the architectural committee review this construction and make changes which are necessary to protect the rights and privacy of neighboring residents. The hedge in this photo is more than 10 feet high. 1RQ$JHQGD3XEOLF&RPPHQW Compass Nick Miller Broker Associate 760-322-8552 www.compass.com 1RQ$JHQGD3XEOLF&RPPHQW