HomeMy WebLinkAboutRes 04-91 and Ord 1075 PP-CUP 98-21 Amendment Villa Portofino CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: Approval of an amendment to the development agreement, Ordinance
No. 907, to reduce.the minimum age for occupants of Villa Portofino
from age 62 years to age 55 years and amendment to Condition No.
10 of the Department of Public Works contained in City Council
Resolution No. 99-19 relating to off-site median improvements, 73-
755 Country Club Drive.
SUBMITTED BY: Steve Smith, Planning Manager
APPLICANT: Villa Portofino Mike La Melza
Royce International 249 Las Entradas Drive
73-755 Country Club Drive Santa Barbara, CA 93108
Palm Desert, CA 92260 •
CASE NO: PP/CUP 98-21 Amendment
DATE: September 9, 2004
CONTENTS:
Staff Recommendation
Background
'Draft Ordinance No. 1075 and Draft Resolution No. 04-91
Planning Commission Minutes involving Case No. PP/CUP 98-21 Amendment
Planning Commission Resolution No. 2287
Planning Commission Staff Report dated August 17, 2004
•
Staff Recommendation:
That the City Council waive further reading and pass Ordinance No. 1075
to second reading.
That the City council adopt Resolution No. 04-91 amending a condition of
approval contained in City Council Resolution No. 99-19.
O.rd=____ice No. 1075
Resolution NO. 04-91
Staff Report
Case No. PP/CUP 98-21 Amendment
Page 2
September 9, 2004
Background:
• February 11, 1999 City Council approved a health and wellness residential resort,
Villa Portofino, at Country Club and Portola. The project consists of a 161-bed
skilled nursing facility, 150-bed assisted living facility, 288 villa units and 182 casita
units on the 75-acre site.
Mr. La Melza advises that Villa Portofino is not meeting his lease up goals. The
softening of the economy over the past years has reduced retirement funds of
seniors who may have considered moving into the project.
CURRENT REQUEST:
AGE:
The applicant is requesting that the provisions of the development agreement
restricting the project to persons age 62 years and older be amended to allow
persons 55 years and older. The project as designed meets all code requirements
for an age 55 project.
COUNTRY CLUB MEDIAN:
The applicant also seeks amendment of Condition No. 10 of the Department of
Public Works which currently reads:
10. In accordance with the Circulation Network of the Palm Desert
General Plan, installation of a median island in Country Club
Drive shall be provided. Landscape treatment shall be water
efficient in nature and shall be in accordance with the City of
Palm Desert landscape design standards. Landscaping
maintenance for the required median island shall be provided
through a property owners association. Applicant shall be
responsible for executing a declaration of Conditions,
Covenants and Restrictions, which declaration shall be
approved by the City of Palm Desert and recorded with the
County Recorder. The declaration shall specify: (a) the
applicant shall oversee the formation of a property owners
association; (b) the property owners association shall be
formed prior to the installation of the Parcel Map; and (c) the
_ -dinance No. 1075
Resolution No. 04-91
Staff Report
Case No. PP/CUP 98-21 Amendment
Page 3
September 9, 2004
aforementioned landscaping shall be the responsibility of the
property owners association.
The applicant proposes that he install the whole median (south and north) and that
the City be responsible for installing the landscaping material and on-going
maintenance.
Long established City policy requires that the applicant install one half of the median
and the landscaping therein. The City then provides maintenance.
Public Works Department has reviewed this current request and concurs with Mr.
La Melza's solution outlined above. Mr. La Melza will install the entire Country Club
median and the City will install the landscaping and maintain it.
PLANNING COMMISSION ACTION:
August 17, 2004 the Planning Commission on a 4-0 vote (Commissioner Lopez
absent) recommended approval of both parts of the applicant's request.
ANALYSIS:
AGE:
Senior housing projects such as Villa Portofino receive increased unit densities in
return for providing a certain number of affordable units for needy seniors. In this
case the applicant will contribute $729,000 to the City housing program.
The senior housing ordinance at Chapter 25.52.030E prescribes that senior projects
with minimum age 62 years shall provide at least one parking space per unit while
projects with minimum age 55 years shall provide at least 1.25 parking spaces per
unit. The rationale for this different parking standard was that younger seniors were
more likely to have more than one vehicle than were older seniors. Villa Portofino
provides 1.29 parking spaces per unit (807 spaces for 625 equivalent units).
With respect to project density, Code Section 25.52.030 "A" provides that, "Due to
greater activity levels of age fifty-five projects, allowable P/A should be reduced by
twenty-five percent." (P/A = persons per acre)
Ordinance No. 1075
Resolution No. 04-91
Staff Report
Case No. PP/CUP 98-21 Amendment
Page 4
September 9, 2004
The Senior Overlay zone density is a function of the projected population of the
project. Projects over 9.99 acres are permitted a maximum of 37.5 persons per acre
with a minimum age limit of 55 years (75 acres x 37.5 ppa = 2,812 persons).
The project will contain:
288 apartments 288 persons
182 casitas 182 persons
161 skilled nursing beds 161 persons
150 assisted living beds 150 persons
771 persons
The project complies with both the persons per acre provision and the parking
requirement for an age 55 year project.
Staff recommends that the development agreement provisions limiting the project
to persons age 62 years and older be amended to read that at least one member
of the household must be age 55 years and older.
COUNTRY CLUB MEDIAN:
With respect to Condition No. 10 of Public Works Department, the applicant notes
the following:
1. The normal City practice is to have the developer install only one half
of the median and landscaping therein.
2. At the time of the City Council approval, the north half of Country Club
Drive was not in the city. It was not annexed until July 1, 2004.
3. The staff report dated February 11, 1999 at page 6 reads:
"The project will also pay for half a landscaped center median
on Country Club Drive making it less expensive to complete
this improvement in the future."
With respect to the maintenance of the landscaped median,the landscape manager
advises that 98% of medians in the city are maintained by the City. An exception is
in the Ironwood Country Club area where they preferred to retain the lawn area and
Ordinance No: 1075
Resolution No. 04-91
Staff Report
Case No. PP/CUP 98-21 Amendment
Page 5
September 9, 2004
in return agreed to water and mow it. This landscaped median will be typical desert
scape.
Basic City policy is for a developer to construct one half of the median island and
install landscaping therein adjacent to their project.
Villa Portofino would typically be responsible for 1,060 feet of half median and
landscaping on Portola and for 2,400 feet of half median and landscaping on
Country Club Drive. The expense to install the whole median on Country Club (curb
it) is roughly equivalent to the cost of installing half of the median with landscaping.
CONCLUSION: •
The project complies with the provisions for an age 55 years project.
Basic fairness dictates that Condition No. 10 should require the applicant to install
one half of the Country Club Drive median and one half of the median landscaping.
Considering the difficulty in having the north half completed separately, Mr. La
Melza's offer to install the whole median is reasonable. Landscaping and
maintenance of this median should be the responsibility of the City.
CEQA REVIEW:
The project was reviewed for compliance with CEQA and a Negative Declaration
of Environmental Impact certified. No further documentation is necessary for the
proposed amendment to this development agreement.
Submitted by: Depart ent Head:
Steve Smith Phil Drell
Planning Manager Director of Community Development
Approv Approval: . . ,
Ho er Croy • • Carlos L. O ga •
ACM for Develop a -Services City Manager •
(Wpdocs\tm\sr\pp98-21a.cc2) s.
RESOLUTION NO, 04-91
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING AMENDING
THE CONDITIONS OF APPROVAL FOR VILLA PORTOFINO
LOCATED AT 73-755 COUNTRY CLUB DRIVE,
SPECIFICALLY CONDITION NO. 10 OF THE PUBLIC
WORKS DEPARTMENT, CITY COUNCIL RESOLUTION NO.
99-19.
CASE NO. PP/CUP 98-21 Amendment
WHEREAS, the City Council did on the 11th day of February, 1999, did adopt
Resolution No. 99-19 approving Precise Plan/Conditional Use Permit 98-21 for a
residential development located at 73-755 Country Cub Drive known as Villa Portofino; and
WHEREAS, the City Council of the City of Palm Desert, California, did on the 9th
day of September, 2004, hold a duly noticed public hearing to consider the request of Villa
Portofino/Royce International for the above noted amendment to Public Works Condition
No. 10, Resolution 99-19; and
WHEREAS, the Planning Commission by its Resolution No. 2287 has
recommended approval of said amendment; and
WHEREAS, said application has complied with the requirements of the"City of Palm
Desert Procedure for Implementation of the California Environmental Quality Act,
Resolution No. 02-60," in that the Director of Community Development has determined that
the project will not have a significant adverse impact on the environment and a Negative
Declaration of Environmental Impact certified; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, said City Council did find
facts and reasons to exist to justify granting approval of said amendment to the conditions
of approval.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm
Desert, California, as follows:
1. That the above recitations are true and correct and constitute the findings of
the City Council in this case.
2. That Condition No. 10 of Public Works Department of City Council
Resolution No. 99-19 shall be amended as shown in Exhibit A attached.
RESOLUTION NO. 04-91
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City
Council, held on this 9th day of September , 2004, by the following vote,.to wit:
AYES: BENSON, CRITES, FERGUSON, BELLY, SPIEGEL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ROBERT A. SPIEGEL, Mayor
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
2
RESOLUTION NO. 04-91
EXHIBIT A
1. That Condition No. 10 of Public Works Department, City Council Resolution No. 99-
19, shall be amended to read as follows:
a. That the applicant shall install full (north and south half) median
improvements adjacent to his project on Country Club Drive. The City to be
responsible for installing landscape material and providing maintenance of
same.
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PALM DESERT PLANNING COMMISSIONSUBJECT I''
fir' 1AUGUST
17, 2004 • REVISION
they got on El Paseo early morning and late evening was better for the
businesses and he really looked forward to having outdoor seating and
cafes. Commissioner Campbell agreed, and wanted to see the businesses
open all year long. Chairperson Jonathan called for the vote. Motion
carried 4-0.
It was moved by Commissioner Campbell, seconded by Commissioner
Tschopp, adopting Planning Commission Resolution No. 2286, approving
Case No. CUP 04-16, subject to conditions as amended, deleting
Condition No. 3. Motion carried 4-0.
D. Case No. PP/CUP 98-21 Amendment - VILLA PORTOFINO, MIKE
LA MELZA, Applicant
Request for approval of an amendment to the development
agreement, Ordinance No. 907, to reduce the minimum age
for occupants of Villa Portofino from age 62 years to age
55 years and to amend Condition No. 10 of the Department
of Public Works contained in the City Council Resolution
No. 99-19, 73-755 Country Club Drive.
Mr. Drell outlined the salient points of the staff.report and recommended
approval.
Commissioner Tschopp commented that they have seen this before and
asked if it was time for the City to perhaps look at the Senior Ordinance
as it applies to planning. It seemed to him that the premise that seniors
(defined as someone 62 years old) drive less then someone 55 is
somewhat flawed. In today's environment, it seemed people were much
more active later and they are trying to look at densities and the whole
premise that a 62 year old drives less then a 55 year old is flawed. He
asked if it was time to look at that ordinance as it pertains to planning.
Mr. Drell said that as it applies to these sorts of projects that has not
been staff's experience. They have a standard for more parking for age
55. Commissioner Tschopp said that was his comment. Mr. Drell said
that applicants can choose that standard at the outset. He would
probably be recommending to the next person applying to plan for age 55
and put in the extra parking. But in the projects they have approved
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REVISION
PALM DESERT PLANNING COMMISSION
AUGUST 17, 2004
under this ordinance, the majority or a good number of the residents of
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these sorts of developments might own a car, but drive very little and
typically don't own more than one. As projects age, the cars disappear.
If they go over to Hacienda de Monterey, they are parked at one car per
unit and they haven't experienced a problem with the standard. The
problem has been where they have a situation like at Palm Desert
Country Club where it wasn('t parked, so they had.to waive part of the
parking and they ended up waiving only half of it. For this project, it's
actually parked at the requirement.
Commissioner Tschopp said that this project seemed to be fine, but it
seemed to him that it was time to look at the age 55 and 62 because
there really isn't a difference in parking needs for individuals in that. age
group. Mr. Drell suggested a study to see exactly what that parking
requirement is. Commissioner Tschopp didn't think they needed a study,
it was just common sense. Mr. Drell said they could look at the projects
that have been approved and see what the actual parking requirements
are.
Chairperson Jonathan said they could also go with age 55 and just apply
it uniformly without having another level. What Commissioner Tschopp
seemed to be saying is that those that are 62 aren't necessarily driving
less then those that are 55. Mr. Drell agreed that until someone gets into
the 70's and 80's, it probably didn't change a lot. Commissioner
Campbell agreed that they should look at ages more after 75. Her father
just gave up driving and he is 87 years old.
Chairperson Jonathan opened the public hearing and asked the applicant
to address the commission.
MR. RICHARD DUBENHAUER, 1800 East Tahquitz Canyon Way
in Palm Springs, stated that he was present representing the
applicant. He felt that the staff report was very comprehensive
and the scope of their request was very narrow, so there wasn't
a whole lot to add. He pointed out that the density in this
particular project, and it is a walled project, is far below the
maximum. He thought it was approximately 27% so there is
plenty of open space left for additional things that might arise,
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PALM DESERT PLANNING COMMISSION j 'r SUBJECT
AUGUST 17, 2004 REVISION
such as if there were additional parking needs later on. He noted
that Mr. La Melza was present if they had any questions.
Chairperson Jonathan asked if he understood that the commission's
motion, if it was in approval, would be to make a recommendation to •
City Council for the final decision.
Mr. Dubenhauer agreed. It would be amending an existing
ordinance.
Commissioner Campbell asked if there had been a lot of sales/
applications.
Mr. Dubenhauer said not that many applications or sales. There
had been no closings yet, it wasn't quite that time, but they were
getting to that point. He just found out tonight that the
construction of the big club house was underway and when people
see the amenities on the grounds, that would probably spur sales
and when they get people living there, that was even better.
Commissioner Campbell asked if they were going to do anything more
exciting with the walls that are painted white.
MR. MICHAEL LA MELZA addressed the commission and thanked
them for the consideration they had been given in the past. He
said there would be landscaping in front of the wall which would
tone down the wall substantially. If they had an opportunity and
could spare a few moments, they could go to the Villa Portofino
and see some of the things they have done. For instance, the
desert landscaping in the islands, the street pavers (which
eliminates cracking, maintenance and heat). If they looked at the
roofs, they are real terra cotta roofs. That is what is seen on $2
and $3 million homes and they are putting them on their villas and
casitas. If they looked at the thickness of their walls, they are six
inches to eight inches to really get that European look. And the
landscaping would complement everything else they are doing.
Commissioner Campbell asked if he agreed with her that it was kind of
white.
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PALM DESERT PLANNING COMMISSION 7 SUBJECT Tf
AUGUST 17, 2004 Rt(
Mr. La Melza said it was really white in the beginning and they
toned it down and tried to match the buildings. Over time with'the
landscaping and so forth, it would complement what they are
doing overall.
Chairperson Jonathan asked if anyone wished to speak in FAVOR or
OPPOSITION to this matter. There was no one and the public hearing
was closed. He asked for commission comments.
Action:
It was moved by Commissioner Finerty, seconded by Commissioner
Campbell, approving the findings as presented by staff. Motion carried 4-
0.
It was moved by Commissioner Finerty, seconded by Commissioner
Campbell, adopting Planning Commission Resolution No. 2287,
recommending to City Council approval of an amendment to Ordinance
No. 907, Development Agreement for Villa Portofino, and amendment of
Condition No. 10 of Public Works Department, Resolution No. 99-19.
Motion carried 4-0.
Chairperson Jonathan announced that he would be abstaining from the next item,
asked Vice Chairperson Tschopp to lead the discussion, and left the room.
E. Case No. TT 30438 Amendment #1 - DESTINATION
DEVELOPMENT CORPORATION, Applicant
Request for approval of an amendment to the approved
tentative map to add two (2) new lots, consolidate four
existing lots into two new lots and to adjust the approved
pad elevations in the area west of the storm channel
opposite the Somerset community. APNs 652-020-001 &
002, 652-070-002 thru 010.
Mr. Drell outlined the salient points of the staff report and recommended
approval.
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CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
TO: Planning Commission
DATE: August 17, 2004
CASE NO: PP/CUP 98-21 Amendment
REQUEST: Approval of an amendment to the development agreement, Ordinance No.
907, to reduce the minimum age for occupants of Villa Portofino from age
62 years to age 55 years and to amend Condition No. 10 of the Department
of Public Works contained in City Council Resolution No. 99-19; 73-755
Country Club Drive.
APPLICANT: Villa Portofino Mike La Melza
Royce International 249 Las Entradas Drive
73-755 Country Club Drive Santa Barbara, CA 93108
Palm Desert, CA 92260
BACKGROUND:
February 11, 1999 City Council approved a health and wellness residential resort, Villa
Portofino, at Country Club and Portola. The project consists of a 161-bed skilled nursing
facility, 150-bed assisted living facility, 288 villa units and 182 casita units on the 75-acre
site.
Mr. La Meiza advises that Villa Portofino is not meeting his lease up goals. The softening
of the economy over the past years has reduced retirement funds of seniors who may
have considered moving into the project.
IL CURRENT REQUEST:
The applicant is requesting that the provisions of the development agreement restricting
the project to persons age 62 years and older be amended to allow persons 55 years and
older. .
The applicant also seeks amendment of Condition No. 10 of the Department of Public
Works which reads:
•
10. In accordance with the Circulation Network of the Palm Desert
General Plan, installation of a median island in Country Club Drive
shall be provided. Landscape treatment shall be water efficient in
r \ r
STAFF REPORT
CASE NO. PP/CUP 98-21 AMENDMENT
AUGUST 17, 2004
nature and shall be ih accordance with the City of Palm Desert
landscape design standards. Landscaping maintenance for the
required median island shall be provided through a property owners
association. Applicant shall be responsible for executing a
declaration of Conditions, Covenants and Restrictions, which
declaration shall be approved by the City of Palm Desert and
recorded with the County Recorder. The declaration shall specify:
(a) the applicant shall oversee the formation of a property owners
association; (b) the property owners association shall be formed
prior to the installation of the Parcel Map; and (c) the
• aforementioned landscaping shall be the responsibility of the
property owners association.
The applicant requests that the condition be amended to read that he is
responsible for installing one-half of the median and landscape it and that the
maintenance of the median landscaping be performed by the City.
As a practical solution to the issue, the applicant then proposes that he install the
whole median (south and north) and that the City be responsible for installing the
landscaping material and on-going maintenance.
Long established City policy requires that the applicant install one half of the
median and the landscaping therein. The City then provides maintenance.
Public Works Department has reviewed this current request and concurs with Mr.
La Melza's solution outlined above. Mr. La Melza will install the entire Country
Club median and the City will install the landscaping and maintain it.
III. ANALYSIS:
Senior housing projects such as Villa Portofino receive increased unit densities in return
for providing a certain number of affordable units for needy seniors. In this case the
applicant will contribute $729,000 to the City housing program.
The senior housing ordinance at Chapter 25.52.030E prescribes that senior projects with
minimum age 62 years shall provide at least one parking space per unit•while projects
with minimum age 55 years shall provide at least 1.25 parking spaces per unit. The -
rationale for this different parking standard was that younger seniors were more likely to
2
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STAFF REPORT •
CASE NO. PP/CUP 98-21 AMENDMENT
AUGUST 17, 2004
have more than one vehicle than were older seniors. Villa Portofino provides 1.29 parking
spaces per unit (807 spaces for 625 equivalent units). •
With respect to project density, Code Section 25.52.030 "A" provides that, "Due to greater
activity levels of age fifty-five projects, allowable P/A should be reduced by twenty-five
percent." (P/A = persons per acre) •.
The Senior Overlay zone density is a function of the projected population of the project.
Projects over 9.99 acres are permitted a maximum of 37.5 persons per acre with a
minimum age limit of 55 years (75 acres x 37.5 ppa = 2,812 persons).
The project will contain:
288 apartments 288 persons
182 casitas 182 persons
161 skilled nursing beds 161 persons
150 assisted living beds 150 persons
771 persons
The project complies with both the persons per acre provision and the parking
requirement for an age 55 year project.
Staff recommends that the development agreement provisions limiting the project to
persons age 62 years and older be amended to read that at least one member of the
household must be age 55 years and older.
With respect to the intent of Condition No. 10 of Public Works Department, the applicant
notes the following:
1. The normal City practice is to have the developer install only one half of the
median and landscaping therein.
2. At the time,of the City Council approval,the north half of Country Club Drive
was not in the city. It was not annexed until July 1, 2004.
3. The staff report dated February 11, 1999 at page 6 reads:
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STAFF REPORT
CASE NO. PP/CUP 98-21 AMENDMENT
AUGUST 17, 2004
"The project will also pay for half a landscaped center median on
Country Club Drive making it less expensive to complete this
improvement in the future."
With respect to the maintenance of the landscaped median, the landscape manager
advises that 98% of medians in the city are maintained by the City. An exception is in the
Ironwood Country Club area where they preferred to retain the lawn area and in return
agreed to water and mow it. This landscaped median will be typical desert scape.
Basic City policy is for a developer to construct one half of the median island and install
landscaping therein adjacent to their project.
Villa Portofino would typically be responsible for 1,060 feet of half median and
landscaping on Portola and for 2,400 feet of half median and landscaping on Country
Club Drive.
IV. CONCLUSION: -
The project complies with the provisions for an age 55 years project.
Basic fairness dictates that Condition No. 10 should require the applicant to install one
half of the Country Club Drive median and one half of the median landscaping.
Considering the difficulty in having the north half completed separately, Mr. La Melza's
offer to install the whole median is reasonable. Landscaping and maintenance of this
median should be the responsibility of the City.
V. CEQA REVIEW:
The project was reviewed for compliance with CEQA and a Negative Declaration of
Environmental Impact certified. No further documentation is necessary for the proposed
amendment to this development agreement.
VI. RECOMMENDATION:
That the Planning Commission adopt Planning Commission Resolution No.
recommending to the City Council approval of an amendment to Ordinance No. 907,
Development Agreement for Villa Portofino and amendment of Condition No. 10 of Public
Works Department, Resolution No. 99-19.
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STAFF REPORT
CASE NO. PP/CUP 98-21 AMENDMENT
AUGUST 17, 2004
VII. ATTACHMENTS:
•
A. Draft resolution
B. Legal notice
Prepared by: Reviewed and Approved by:
Steve mith Ph I Drell
Planning Manager Director of Community Development
Review a d Concur:
Homer Croy
ACM for Dev ment Services/tm
/tm
•
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.RESOLUTION NO.99-19
4. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF).
Payment of said fees shall be at the time of building permit issuance.
5. A complete preliminary soils investigation, conducted by, a registered soils engineer,
shall be submitted to, and approved by, the Department of Public Works prior to the
issuance of a grading permit.
6. .Applicant ;shall comply with the. provisions of Municipal Code Section 24.08,
Transportation Demand Management.
7. Any and all offsite improvements shall be preceded by the approval of plans and the
issuance of valid encroachment permits by the Department of Public Works.
8. As required under_Palm Desert Municipal Code Section 26.28, and in accordance with
Sections 26.40.and 26.44, complete improvement plans and specifications shall be
submitted, to the Director of Public Works for checking and approval before
construction of any improvements is commenced. Offsite improvement plans to be
approved by the Public Works Department and a surety posted to guarantee the
installation of required offsite improvements prior to permit issuance.
9. All public and private improvements shall be inspected by the Department of Public
Works and a standard inspection fee shall be paid prior to issuance of any permits
associated with this project.
10. In accordance with the Circulation Network of the Palm Desert General Plan,
installation of a median island in Country Club Drive shall be provided. Landscape
treatment shall be water efficient in nature and shall be in accordance with the City
of .Palm Desert landscape design standards. Landscaping maintenance for the
required median island shall be provided through a property owners association.
Applicant shall be responsible for executing a declaration of Conditions, Covenants
and Restrictions, which declaration shall be approved by the City of Palm Desert and
recorded with the County Recorder. The declaration shall specify: (a) the applicant
shall oversee the formation of a property owners association; (b) the property owners
association shall be formed prior to the recordation of the Parcel Map; and (c) the
aforementioned landscaping shall be the responsibility of the property owners
association.
11 . Landscape installation on the property frontages shall be water efficient in nature and
maintenance shall be provided in the same manner specified above.
12. Applicant shall comply with the provisions of Municipal Code Section 24.12, Fugitive
Dust Control and Section 24.20 Stormwater Management and Discharge Control.
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CITY OF PALM DESERT
Mips PUBLIC WORKS DEPARTMENT
f�2973N
• :4r a�yo��: INTEROFFICE MEMORANDUM
To: Steve Smith, Planning Manager
From: Michael Errante, P.E., Director of Public Works
Date: August 11, 2004
Subject: MEDIAN ISLANDS ON COUNTRY CLUB DRIVE AT PORTOFINO
PERCISE PLAN/CONDITIONAL USE PERMIT 98-21
Public Works has reviewed the letter, dated July 26, 2004, from Michael LaMelza. We find
the offer that Villa Porotfino construct the entire median island along Country Club Drive fair
and equitable. The City of Palm Desert will agree to landscape and perform the
maintenance on the median island constructed by Villa Portofino Development.
If you have any questions or need further information please contact me.
MICH EL ERRANTE, P.E.
Director of Public Works
Cc; Mark Greenwood, City Engineer
Spencer Knight, Landscape Manager
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G:\PubWorks\Joann Lee\Word Files\Memos\Portofino.doc
N R:F I
:1-(;)y
2004
3) +".•OMMUNITYDEt'ELOPMENT DEPARTMENT
CITY OF PALM DESERT
Villa Portofino
A Luxurious Resort for Seniors •
July 19, 2004 •
City of Palm Desert
Planning Commission
73-510 Fred Waring Drive
Palm Desert, CA. 92260
•
Attn: Phil Drell
Dear Mr. Drell,
On February 11, 1999 the City Council of the City of Palm Desert, California
adopted Ordinance No. 907 by virtue of which it accepted the recommendations ofthe
Palm Desert Planning Commission(made in its Resolution No. 1912) approving the
Precise Plan(PP 98-21) submitted by Royce International Investments Co. ("Developer")
In its application the Developer applied for, and the City Council granted approval for, a
Precise Plan to construct a health club and wellness resort for seniors, 288 apartments,
182 casita units, 161 bed skilled nursing facility, 150 bed assisted living facility, and a
zone change to Senior Overlay.
More specifically, as part of the original application,the Developer applied for
Precise Plan approval pursuant to Chapter 25.52 of the Palm Desert Zoning Ordinance
(Senior Housing Overlay District),which allows for significant density increases in
return for building specialized housing designated and restricted to residents over 62
years of age.
Pursuant to Ordinance No. 907,the City of Palm Desert and the Developer
entered into a Senior Housing Development Agreement dated February 25, 1998. In the
Development Agreement,the term`Senior Citizen Household"was defined as meaning a
maximum 2-person household of which all members are 62 years of age or older.
73755 COUNTRY CLUB DRIVE • PALM DESERT•CALIFORNIA 92260
800.372.5331 • 760.674.0500 • FAX 760.674.0506
5'.
•
Chapter 25.52 provides for different development standards based on two possible
classifications relating to age, 55 and over or 62 and over. The original application and
approval utilized the second classification, i.e. 62 and older.
As we discussed on the telephone, we would like to modify the various approvals,
the Precise Plan and the Development Agreement, changing the Senior Overlay age
classification from age 62 and over to age 55 and older. Please consider this letter our
application/request for that purpose.
Please let me know if there are any additional applications or materials you need
from us to start the approval process. Thanks for your help.
erely, j
(71.
At
Michael LaMelza
Villa Portofino
Villa Portofino
A Luxurious Resort for Seniors.
July 26,2004
City of Palm Desert
Planning Department
73510 Fred Waring Drive
Palm Desert, CA. 92260
Attn:Phil Drell
Dear Mr.Drell,
Please help clarify condition#10 of Public Works Department Resolution#99-1.9 that
Villa Portofino is only required to build and be responsible for the south half of the median island
which I understand to be normal city practice. I would also note that the north half of Country
Club Drive was not in the city in 1999 and was not annexed until July of 2004.
It is also my understanding that the staff report of February 11, 1999 stated that my
project would be responsible for half of the landscaping. With respect to the ongoing
maintenance of the island I am of the understanding that the vast majority of such maintenance is
performed by the city.
I request that Condition#10 be interpreted as I have specified above.
If you agree with the above then I offer a practical solution to the situation. I propose
that Villa Portofino build the entire median island and that the city be responsible for the
landscape and maintenance.
Thank you in advance for your consideration and help in making Villa Portofino the
finest active adult community in the desert.
incere ,
Michael LaMelza
Manager •
•
73755 COUNTRY CLUB DRIVE •'PALM DESERT.CALIFORNIA 92260
800.372.5331 • 760.674.0500 • FAX 760.674.0506
: . ••• ,, IJY Of PAHII DESE f.
'�'"-fix•: 73-510 FRED WARING DRIVE
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PALM DESERT,CALIFORNIA 92 260-2 5 7 8
TEL: 760 346-061 I,Y FAX:760 341-7098
r•...........
ryy, info@palm-desert,org
CITY OF PALM DESERT
LEGAL NOTICE
. CASE NO. ZOA 04-01
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning
Commission to consider an amendment to the Zoning Ordinance Chapter 25.25 to limit
building size in the Office Professional (O.P.) zone on non-arterial streets to single story,
maximum 18 feet in height and maximum of 100 feet in length, among other matters.
•
•
•
, SAID public hearing will be held on Tuesday, September 7, 2004, at 6:00 p.m. in the
Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert,
California, at which time and place all interested persons are invited to attend and be heard.
Written comments concerning all items covered by this public hearing notice shall be
accepted up to the date of the hearing. Information concerning the proposed project and/or
negative declaration is.available for review in the Department of Community Development '
at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through
Friday. If you challenge the proposed actions in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this notice, or in
written correspondence delivered to the Planning Commission at, or prior to, the public
hearing. ,
PUBLISH: Desert Sun PHILIP DRELL, Secretary
August 26, 2004 Palm Desert Planning Commission
' . ,uI1YDfPhifflDESE ,
l:Pq` $) 04 73-510 FRED WARING DRIVE
4, Isia 1 PALM DESERT,CALIFORNIA 92260-2578
b *-_. IP`��. N. 'r TEL 76o 346-0611
• ,'.• 's. FAX:760 341-7098
°a9na y
73, info@palm-deserr.org
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. PP/CUP 98-21 AMENDMENT #1
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City
Council to consider a request by ROYCE INTERNATIONAL for approval of an amendment
to the development agreement, Ordinance No. 907, to reduce the minimum age for
occupants at Villa Portofino, 73-755 Country Club Drive, from age 62 years to age 55 years
and to clarify the intent of Condition No. 10 of the Department of Public Works contained
in City Council Resolution No. 99-19.
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SAID public hearing will be held on Thursday, September 9, 2004, at 4:00 p.m. in the
Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert,
California, at which time and place all interested persons are invited to attend and be heard.
Written comments concerning all items covered by this public hearing notice shall be
accepted up to the date of the hearing. Information concerning the proposed project and/or
negative declaration is available for review in the Department of Community Development
at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through
Friday. If you challenge the proposed actions in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this notice, or in
written correspondence delivered to the City Council at, or prior to, the public hearing.
PUBLISH: Desert Sun RACHELLE D. KLASSEN, City Clerk
August 27, 2004 City of Palm Desert, California