HomeMy WebLinkAboutSupplemental - 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
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Minutes100819.pdf
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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
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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
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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
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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
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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
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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
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CallimanisCityCouncilFeb10NotonPublicAgenda.pdf
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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
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> 919 606-6164
>
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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$JHQGD3XEOLF&RPPHQW
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2016 California Code Health and Safety Code - HSCDIVISION 104 - ENVIRONMENTAL HEALTHPART 10 - RECREATIONAL SAFETYCHAPTER 5 - Safe Recreational Water Use•The wave basin operator shall maintain clean wave basin water while the wave basin is in use•The wave basin operator shall not allow debris, including, but not limited to, floating scum, sputum, trash, or leaves, to accumulate in the wave basin. •The wave basin operator shall ensure that water levels aremaintained and operated to remove that material continuouslythrough the wave basin skimming or overflow system.1RQ$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.
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Compass
Nick Miller
Broker Associate
760-322-8552
www.compass.com
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