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HomeMy WebLinkAbout0316 ����� MINUTES � PALM DESERT PLANNING COMMISSION � TUESDAY - MARCH 16, 2004 6:00 P.M. - CIVIC CENTER COUNCIL CHAMBER " � 73-510 FRED WARING DRIVE * .� � �. .� .� � �. .� * .� � � .� � .� � � � � � � .� .� � � � � � � .� � �- � � * � * � � .� I. CALL TO ORDER Chairperson Jonathan called the meeting to order at 6:01 p.m. II. PLEDGE OF ALLEGIANCE Commissioner Lopez led in the pledge of allegiance. III. ROLL CALL Members Present: Sabby Jonathan, Chairperson Dave Tschopp, Vice Chairperson Sonia Campbell ■., Jim Lopez Members Absent: Cindy Finerty Staff Present: Phi! Drell, Director of Community Development Bob Hargreaves, City Attorney Steve Smith, Planning Manager Tony Bagato, Assistant Planner Mark Diercks, Transportation Engineer Phil Joy, Associate Transportation Planner Tonya Monroe, Administrative Secretary IV. APPROVAL OF MINUTES: Consideration of the March 2, 2004 meeting minutes. Action: It was moved by Commissioner Campbell, seconded by Commissioner Lopez, to approve the March 2, 2004 minutes. Motion carried 4-0. �.. MINUTES PALM DESERT PLANNING COMMISSION MARCH 16. 2004 V. SUMMARY OF COUNCIL ACTION � Mr. Drell summarized pertinent March 11 and March 15, 2004 City Council actions. VI. ORAL COMMUNICATIONS Mr. Jack Becker, 77-620 California Drive in Palm Desert, addressed the commission. Upon determination that Mr. Becker was addressing the third public hearing item on the agenda, Chairperson Jonathan requested Mr. Becker to hold his comments until such time as that item was being discussed. VII. CONSENT CALENDAR None. VIII. PUBLIC HEARINGS ; Anyone who challenges any hearing matter in court may be limited to J raising only those issues he, she or someone else raised at the public hearing described herein, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. A. Case No. CUP 04-02 - GUI JUN ZHENG/PALM'S HEALTH CARE, Applicant Request for approval of a conditional use permit to allow a small massage business within a 1 ,087 square foot office suite located at 73-880 Fred Waring Drive, Suite B-10. Mr. Bagato outlined the salient points of the staff report and recommended approval of Conditional Use Permit 04-02, subject to the conditions contained in the resolution. Regarding the parking calculation, Chairperson Jonathan noted that Mr. Bagato did a parking survey. What Chairperson Jonathan has requested in the past is that the mathematical analysis of what the requirement is per code versus what is provided be included. He asked Mr. Bagato to please include that in the future. Mr. Bagato agreed. Chairperson ' � 2 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16. 2004 r Jonathan said he did his own calculation and if he was right, 21 ,000 square feet at four per 1,000 would require 84 spaces. If roughly a seventh of that is medical that is another six spaces, so the requirement per code would be 90 and there is 71 provided. He asked if staff was saying per code that there is a 19-space shortage? About a 20% shortage? Mr. Bagato said he didn't look for the original file on this application, but typically staff does a reduction of 15% with commercial buildings/office buildings for a reduction of non-leasable areas. There was a good chance that reduction could lead to the 71 and sometimes when they calculate low impact medical uses, staff counts them at four per 1,000 instead of six per 1 ,000 similar to the two specialists in the center. Chairperson Jonathan said he regrettably has used the physical therapy center and it is quite successful and he has had problems parking there. That is why he was surprised. He believed the survey, but thought there might be peak times or peak portions of that center that might experience that problem. He requested in the future that analysis be provided and that would be helpful in analyzing an application like this. Mr. Bagato '�► concurred. Chairperson Jonathan o ened the public hearing and asked the applicant to address the commission. There was no response. Mr. Bagato said he didn't see the applicant in the audience, but he did speak to him and he said he would be at the meeting. Chairperson Jonathan asked if anyone wished to speak in FAVOR or OPPOSITION. There was no one and the public hearing was closed. Chairperson Jonathan asked for commission comments. Commissioner Campbell said she would move for approval. Commissioner Tschopp said he did have a question for the applicant and was disappointed they weren't there. He didn't understand the nature of the juice bar being almost the same size as the two rooms being used for the massage therapy. Mr. Bagato said he also asked about that. The applicant told him that he would be serving coffee and water, but the architect labeled the plans as a juice bar. Commissioner Lopez said he would second the motion. r.. 3 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 2004 � Action: It was moved by Commissioner Campbell, seconded by Commissioner Lopez, approving the findings as presented by staff. Motion carried 4-0. It was moved by Commissioner Campbell, seconded by Commissioner Lopez, adopting Planning Commission Resolution No. 2253, approving Case No. CUP 04-02, subject to conditions. Motion carried 4-0. B. Case No. CUP 03-26 - PALM CITY, INC., dba PALM DESERT COUNTRY CLUB ASSOCIATION, Applicant Request for approval of a conditional use permit to allow the operation of a children's day care center for service up to 48 children at 77-800 California Avenue and revoking CUP 03-18 for the one-person massage business operated by Amber Schwan. Mr. Bagato outlined the salient points of the staff report and ; recommended revocation of CUP 03-18 and approval of CUP 03-26, ,� subject to the conditions. Regarding the drop off area, Commissioner Tschopp asked if that was going to be one way. Mr. Bagato said yes. Commissioner Tschopp asked if Mr. Bagato had observed the existing Montessori School and how it operates right now. Mr. Bagato said that was a different location on Warner. Commissioner Tschopp said he would address that with the applicant. Commissioner Campbell noted that the hours of operation were 8:00 a.m. to 3:00 p.m. Monday through Friday. She asked if by 3:00 p.m. all of the children would be picked up or if they would be staying after school and playing. They didn't want to hear any complaints from nearby residents because of noise. Mr. Bagato said that 3:00 p.m. was the closing time and they could ask the applicant. He thought that sometimes the kids might hang out since they were next to the park, but 3:00 p.m. was the time the classes would officially end. Commissioner Campbell asked if there would be any extra activities after school. Mr. Bagato said no, not that he was aware of. � : � � 4 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16. 2004 `. Chairperson Jonathan pointed out that the recommended action includes revocation of CUP 03-18. He asked if for any reason the applicant did not proceed with their plan to do this and they found themselves with a revocation which might not be appropriate, he asked if they would want to add a condition that said the revocation is to take place only upon pulling of a building permit. Mr. Drell agreed and said upon execution of this permit, meaning the occupation of the space for the use. Chairperson Jonathan o�ened the public hearing and asked the applicant to address the commission. MR. FRANK PRUE, 77-260 Indiana Avenue in Palm Desert, addressed the commission. He explained that he is the manager of the Palm Desert Country Club Association and therefore the applicant in this case. In answer to Commissioner Campbell's question, the children would be picked up at 3:00 p.m. There was no after school care. As Mr. Bagato indicated, they have had a school before with the first three grades. They were bringing them back plus a preschool. He said they had a great relationship with � them before and thought they would still have one. Commissioner Tschopp asked if they were letting all of the children out at 3:00 p.m.; he assumed times weren't being staggered and they were all dropped off and picked up at the same time. He asked if they had experienced problems with people backing up onto the adjacent street, in this case Michigan. Mr. Prue said no. That's why it was a one-way half circle driveway. People would not be allowed to back out. Those kinds of safety issues they would make the parents aware of on a constant basis. Commissioner Tschopp noted that in other areas where schools are located where parents drop off and pick up at the same time there are problems in backing up onto the roadway, but asked if Mr. Prue thought that would be the case here. Mr. Prue said no, he didn't see that as being the case. He thought it was a matter of education of the parents. That would be his � approach to that. 5 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 2004 ; � 1 ; � Commissioner Tschopp asked if he would take care of that if it became a traffic issue. Mr. Prue said absolutely. He said they could put the reverse spikes as a deterrent. Mr. Drell explained that the issue wasn't that the cars actually back up, its that they can't enter and start forming a line out into the street. Commissioner Tschopp concurred. Mr. Drell said it wasn't the physical backing up of the cars that was the problem, it is the fact that there are more cars coming than can be picked up in the seven/eight spaces. He said they have that problem with every school. Commissioner Tschopp asked if they could add a condition if that should develop, that the school with the Palm Desert Country Club Association would work to mitigate or eliminate that problem. Mr. Prue said yes and one approach would be to stagger the pick up time. Commissioner Lopez said that while he was observing that area today, � � traffic can get pretty busy in that location and the speed that goes around that curve is a little concerning. He asked if like the Montessori School, if it could be signed for a school zone or if that was only something done by public schools. Mr. Prue said they didn't before. In fact, they didn't have a sign out saying it was a school at all and that was mainly for safety issues. But they plan to put a sign out that it is a school and with the help of law enforcement, he thought they could put a speed zone there for the school if it is necessary. Mr. Drell said it can be. There's a speed zone on Highway 74 adjacent to the Presbyterian Church school, so parochial schools are protected under the speed zone laws and he deferred to Mr. Diercks for further comment. Mr. Diercks stated that the purpose of speed zones was primarily for children walking to and from the school. It wasn't for kids on site or inside buildings. If there will be kids walking to the school, then that is something they would consider. ; 6 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 2004 � Chairperson Jonathan asked if there was anyone else present who wished to testify in FAVOR or OPPOSITION to this matter. There was no one and the public hearing was closed. Chairperson Jonathan asked for commission comments. Commissioner Tschopp said he would be in favor of allowing the school to go in with the condition that should any traffic problems develop on Michigan Street, that the applicant would mitigate and take care of the problem. Commissioner Campbell said she would also be in favor. As suggested earlier, she would be in favor of not revoking CUP 03-18 until the execution of this conditional use permit. Commissioner Campbell asked if Commissioner Tschopp's comment was a motion. Commissioner Tschopp concurred. Commissioner Campbell seconded the motion. Chairperson Jonathan asked if there was any further discussion. Commissioner Lopez asked if that also included a condition regarding the massage therapist. Chairperson Jonathan agreed and clarified that additional conditions would include traffic mitigation and the revocation r of CUP 03-18 only occurring upon exercise of CUP 03-26. Chairperson Jonathan asked if there was another condition. Mr. Drell said yes. Commissioner Tschopp clarified that it was relative to school zoning. Commissioner Lopez thought there needed to be proper school zoning signage because of the speed. Commissioner Tschopp said that would be his motion. Commissioner Campbell seconded it. Action: It was moved by Commissioner Tschopp, seconded by Commissioner Campbell, approving the findings as presented by staff. Motion carried 4- 0. It was moved by Commissioner Tschopp, seconded by Commissioner Campbell, adopting Planning Commission Resolution No. 2254, revoking Case No. CUP 03-18 and approving Case No. CUP 03-26, subject to conditions as amended. Motion carried 4-0. �r.. 7 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16. 2004 � a � r C. Case Nos. C/Z 04-01, TT 31836, PP 04-01, and DA 04-01 - '� PDCC DEVELOPMENT LLC, Applicant Request for a change of zone from Open Space (O.S.) to R-1 9,000 for 41 lots around the golf course perimeter; a change of zone from Open Space (O.S.) to R-2 4,000 for 9.68 acres in the area of the existing driving range; a tentative tract map to create 95 residential lots, a precise plan, a development agreement which will provide for among other matters mod ified development standards and provisions requiring that golf course improvements be caRied out in a timely manner and a Negative Declaration of Environmental Impact as it relates to the above. All property being a portion of Section 13 and 14 T5S R6E. Mr. Drell said that before Mr. Smith described the project, he wanted to give an introduction to explain some of the unique aspects of this project which has led to staff's recommendation of approval. He said it was typically unusual for staff to recommend approval of a change of zone of a golf course or any open space lands. Over the years various owners of this golf course � have come to the�Planning Department and suggested projects similar to this where certain pieces of the course were being changed to residential use. His typical first comment was that it would be difficult. They asked why and he told them that rezoning of a golf course in this valley was only less difficult then redesignation of a cemetery. It would take very compelling reasons to suggest such a thing and suggest it with the expectation that it would get approved. The reason he thought this project has gone as far as it has is that there are unique circumstances which apply to Palm Desert Country Club and the relationship between the golf course and the residential development, which is somewhat unusual. There might be a few examples of it in this valley, but typically golf courses are developed for the purpose of selling real estate. As soon as sufficient real estate is sold, developers of country clubs find a way to turn golf courses over to the homeowner's associations, or members of the club, or a non profit and try to get out of the golf business. The reason is because the golf business is not all that lucrative in itself. The City of Palm Desert owns two golf courses and he could tell them it wasn't that lucrative. We built our golf courses � � 8 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16. 2004 � to provide golf to our citizens, but also to attract real estate development as well. Palm Desert Couniry Club is a situation where the golf course is separate(y owned as a separate business. There is no direct relationship between the owners of the homes that benefit from their proximity to the golf course and the owners of the golf course. It has to support itself as a business independently of the values and connection with the residents. Given the economics of the golf business and the age of this course, that has created a problem over the years. Like any other business there comes a time when it needs reinvestment and the economics of the business golf in this valley over the last ten years has not allowed that reinvestment to be financially supported by revenues from the golf course alone. So as each successive owner has bought the course, learned the hardened lesson about valley golf economics, looked at similar sorts of proposals of converting parts of the golf course that are not necessary for the operation of play into other revenue generating activities. For whatever reason they have gotten discouraged and found some new optimistic buyer who goes through the same learning process. He said it � was kind of like people who buy baseball franchises. It was more for love then something else and after a while the love gets tired. Typically when they look at changes of zone and land use issues they don't fook at economics. Unfortunately in this case the land use of this piece of ground as a golf course and the economics of it are inextricably intertwined in that the preservation of this amenity which really 1 ,800 homes almost enjoy is depended upon the financial viability of this golf course and part of that is based on the ability of an owner to make the capital expenditure to do all the deferred maintenance which has accumulated over the years and to upgrade it to make it competitive with other courses so it can attract sufficient new members and charge sufficient fees so that it can support itself and be maintained over time. That connection between the economics of the business and the land use as it effects this neighborhood really created this unique connection between economics and (and use which staff felt was relevant in making a determination for a change of zone which typically they look for a compelling reason. Especially when it is a change in land use that some property owners didn't necessarily anticipate when they bought their � homes. 9 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 2004 ; , The first thing they were looking for in terms of what this change would '� accomplish was if it would result in a concrete way and guarantee that if approved, the golf course would be upgraded. All the deferred maintenance would be done. This important neighborhood amenity would be preserved and enhanced. Secondly, once that happened would an operational proforma support the continued maintenance of it? So staff requested from the developer financial data both involving the cost of the renovations, the cost of future operations and proforma for the whole project and how much money was being generated from the sale of these lots. And why that scope of this project was necessary in terms of the revenues generated to accomplish the economic goal of acquiring the golf course, upgrading it and then leaving it in a financial condition that it could then operate sufficiently to keep it at a high quality. What they saw from the proforma was that based on the operations of the course that the $5 million which was necessary to do the upgrade of both the course and the clubhouse, the capital cost could not be borne by the operations of the golf course. They have a banker and an � accountant on the commission and he hoped they came to the same conclusion. In essence, the money that went into both buying the course and upgrading the course had to be debt free capital. The only way to generate debt free capital was to take a piece of the real estate and convert it into capital that could then be put back into the course. Staff's conclusion was that the debt free capital derived from this project was necessary to do what is required to preserve the quality and long-term maintenance of this golf course. Lastly, staff wanted to be assured, because in any land use decision there is an issue called windfalls and wipe outs. There are some property , owners that benefit financially from land use decisions even though they have no stake in them and there are usually some who sometimes have a less positive benefit or a negative benefit. When the City decided to build the park at City Hall and put up fields and ballfields, there were property owners at Monterey Country Club who absolutely claimed that would destroy the property values of their homes. Ultimately it came down to a decision by the City to mitigate any negative impact of the land use decision as much as possible to the point of hopefully zero and � s t � 10 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16. 2004 � ultimately they make their decision on the broad benefit to the general public. One of the challenges to the developer was to demonstrate that this project would result in an overwhelming benefit to the neighborhood and that those property owners which were conceivably impacted by its development, their complaints were addressed to the greatest extent possible. To that end the City retained an appraiser. The report was received this afternoon, so the commission did not receive it in their packets. The appraiser was to look at the pure economic impact to certain properties that were most obviously impacted by the new development. While he cautioned to say that he could not put a value on the value a particular homeowner has in their home, in comparing comparable properties within Palm Desert Country Club to see if there is a difference in value based on differences in the nature of the view of the golf course and to see if that is reflected in different sales prices, he could not find any difference. In his view, in general in the market of houses below � $300,000, whether or not they are on a golf course, the main difference he saw in house values had to do with the house, ones that were on a golf course and ones that weren't. He said certain characteristics of a view might have special value to a particular property owner and that may be why they bought that house, but he said he was unable to find in the market place a significant difference between one view and another. Staff's conclusion was, in going through the process, and the developer could describe it, those instances where they felt the impacts were most severe they tried to eliminate those units. So in general, staff's feeling was that the overall upgrade of value resulting from this project and the conclusion of the appraiser compensated for any diminution of vafue resulting from a change in the character of the golf course view. He said Mr. Smith would now give a description of the project. They would also have some comments and discussion of some of the conditions of approval that they will want to discuss changing or eliminating relative to some of the unique circumstances, but said they could get to that later. � 11 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 2004 � ..� Mr. Smith deferred to the City Attorney at this point for his opinion relative to the letter which was received Friday morning. Mr. Hargreaves indicated that the commission may have had an opportunity to review the letter from the Palm Desert Country Club Preservation Association. Generally it raised two issues. One had to do with CC&R's and the other with a variance or variances granted by the Council. With respect to the CC&R's, Mr. Hargreaves stated that the City typically does not inject itself into the enforcement or interpretation of CC&R's. CC&R's are private agreements among private property owners that may or may not coincide with the City's own goals and objectives with respect to land use. When the City makes a decision, it has it's own goals and objectives and acts pursuant to those and to the extent that there are disputes and disagreements with respect to CC&R's, we leave it to private property owners to sort those out. We didn't want to put ourselves into the position of being an arbiter of those legal documents because the City didn't have any enforcement authority or any enforceable rights in those, so we would rather not get into the CC&R issues, although certainly the commission is entitled to take CC&R's into consideration in judging the overall fairness between the different neighbors. But we don't want to � get into technical issues with respect to enforcement of CC&R's. � The other issue with variances, apparently the County issued several variances that to some extent effect the entitlements. The variances the County issued are not unlike the variances the City issues. You give them, you can take them away, you can change them, you can modify them assuming it fits within the land use criteria and that there aren't any particular invested rights attached to a particular variance. Typically when we issue a variance, a piece of property gets built out pursuant to that variance and you can't go back and take it away because the sticks are already there, but in a situation like this, if we go back and change the variances or entitlements relative to the variances, that is within our prerogative to do so. Mr. Smith displayed a map of the Palm Desert Country Club area and outlined the salient points of the staff report. On page 9 under "Development Agreement" he made a correction. In the last sentence of that section where it said "ten" units would be held for completion of the clubhouse improvements, he said it should be changed to 1 1 units. He � noted that the commission received in their packets the correspondence � received up until that time. In addition, staff circulated more to them � 12 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 2004 �.. earlier today and when they came in this evening. He referred the discussion back to Mr. Drell for any further comments. As described in the development agreement, Mr. Drell said that committed the developer to renovate the golf course. One of the conditions, Community Development Condition No. 17 dealing with the re-establishment of the open space covenant on the course, the applicant was committed to this, but for issues relating to the negotiations on the purchase of the golf course and other legal issues, the applicant requested that until certain of those negotiations and issues are resolved, he would prefer that this condition not be placed on the project. Hopefully by the time this gets to Council those issues would be resolved and it could be brought up and discussed at that time. The applicant was requesting that Condition 17 be deleted. He explained that there were also some conditions of approval that by virtue of the development agreement are inappropriate. Community Development Condition No. 3 relative to municipal ordinances, basically the standards are as detined by the project and the development ..► agreement. He said there were some other issues that the applicant could bring up, but those were two that were the most significant. Chairperson Jonathan asked if staff was recommending the deletion of Conditions 3 and 17. Mr. Drell said modification of Condition 3. The development agreement didn't exempt them from state and federal statutes, but as it relates to those standards identified in the development agreement, those which supersede municipal ordinances since the development agreernent is an ordinance. Chairperson Jonathan clarified that Condition 3 would be modified and Condition 17 deleted. Mr. Drell concurred. Chairperson Jonathan asked if that completed the staff report. Mr. Drell said yes, for now. Chairperson Jonathan asked if there were questions for staff. Commissioner Campbe(I asked if the fees that were paid to the homeowner's association went toward maintenance of the golf course at this time or if there weren't any fees. Mr, Smith explained that the golf course is privately owned. Mr. Drell clarified that there is no connection �r..• between the homeowner's association and the golf course. Commissioner 13 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 2004 � � � Campbell asked if this is an 18-hole goif course. Mr. Smith said it is 18 � plus a nine. Commissioner Campbell noted that some holes were eliminated, but were replaced somewhere else. Mr. Smith concurred and explained that the applicant would go through and describe the modifications to the golf course. Commissioner Lopez asked for clarification. The request is for R-2 4,000 for 9.68 acres and staff's recommendation would be PR-6. Mr. Smith said that was correct. Commissioner Lopez noted that the applicant had not agreed to do that, it was just staff's recommendation at this point. Mr. Smith concurred. Commissioner Tschopp asked if there was a condition in the development agreement for a sinking fund for future improvements or things of that nature. He understood maintenance was in there, but wanted to know if there was a sinking fund for course improvements in the future. Mr. Smith said no, it wasn't addressed. Mr. Smith informed commission that one of the pieces of correspondence � the commission received yesterday or today was from the Homeowner's � Association in support of the project. Up until that point the City had not been formalty advised. Secondly, the City's Project Area 4 Committee also considered this matter yesterday at its meeting and recommended approval. Chairperson Jonathan said the homeowner's association gave formal endorsement and asked how many of the 1800 homes they represented. Mr. Smith deferred to them for the exact number. There were no other questions for staff and Chairperson Jonathan o�ened the public hearing and explained that the applicant would get an opportunity to present their application to the commission, then they would open the discussion to the public for those that want to testify in favor of the application, then they would give those people who are opposed to the project an opportunity to speak. Following that the applicant had an opportunity to address the commission again. Then the public hearing would be closed. That is the process. When they get past the applicant's presentation, he would apprise the audience at that time what the requirements are in terms of the public hearing portion for the � � 14 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 2004 � public. Chairpe�son Jonathan asked the applicant to address the commission. MR. LARRY KOSMOT, a partner in Palm Desert Development Company LLC, stated that he was at the meeting with his other two partners Randy Case and Sherrie Ryan. He stated that they are the primary applicants/proposers of the PDCC golf course and club house improvement project and the 95-home residential project. Mr. Sung Cho from Dajoon Investments, the owner of the property and part of their application at this point, was also present. He said they are here after nearly 18 months of hard work and a lot of thought, conversation and discussion. What they had come to know was a very fine community. As a developer and president of Kosmot Companies, he has a 30- year track record in development investment brokerage and consulting. But more important than that in terms of this project, he had the privilege of serving the public for 13 years as a city manager and planning and community development director in four r•• communities so he could easily say as he reviewed this project in • an efficient manner for the commission that when the house is packed, it's because it evidences the importance of land use and quality of life decisions. They understand that, and it's part of their credo to bring forward conclusions that really better the community, that revitalize the community and in this case, after a lot of hard work, discussion, analysis, study, changes and modifications, they are proposing a project that truly will protect and enhance the key asset which is the golf course and truly result in the improvement of the quality of life for the community. By way of background, because it had taken a long period of time and a lot of work, from his perspective he thought it was important to see and understand what the context of this project is. This is a very established community. It is so unusual because when many people think of the desert, they think new, but this is an established community built out over 40 years, there are approximately 1800 residents and 1500 live in single family homes. The focal point of the community undeniably is the golf course, the 27-hole golf course and the clubhouse which is �... approximately 10,000 square feet. 15 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 2004 � � Their initial observation as community developers when they came `� here, walked and looked around when Sherrie Ryan introduced them to this project, they had two questions. How can they accomplish the revitalization of the golf course and what would be the best solution to support that. They came to the point where in order to create a common vision for the golf course and the neighborhood improvement, they knew they had to share a lot of time with the community because they have been here a long time. And they did. It became evident to them very quickly that the golf course had to be restored, it was essential, and that in order to do that the golf course itself could not support that investment. So they had to identify the number of homes that would support that overall investment and effort. So they basically evaluated several residential programs. The program and project they submitted tonight is third. They came in with a 250 two-story town home concept and all that pretty much occurred near the clubhouse. They reduced it and fully redesigned a 112-home concept with three floor plans and � after reviewing those with the residents, they ultimately reduced that to the project that was submitted, which was a minimum number of 95 homes with four floor plans. Those changes were significant to them because they learned a lot. They conducted over 100 community meetings, they had a town hall which was attended by approximately 300 residents and was quite a meeting--they could hardly fit everyone in. Then they scheduled weekly Thursday and Saturday meetings with over 100 residents and literally had dozen of one on one meetings. They had many meetings with the country club golf inembers, the men's club, the wornen's club, the niner's club, the social club, and they provided contacts as to websites with local toll free numbers. He went through that because that level of interaction to him really got them to these guiding principles. Because when they took a look at the challenge of this development, as Mr. Drell said there have been a lot of people who looked at possibly just buying the golf course. When they bought this golf course they quickly hit the reality that the course wouldn't support the investment required. For whatever reason over the 30-40 years this course has become 16 MINUTES PALM DESERT PL.ANNING COMMISSION MARCH 16. 2004 �... non competitive in the way it operates, so they knew in terms of their guiding principles that after this work with the community 1 ) an investment into the golf course and clubhouse would be needed and that it would cost in the neighborhood of $5 million. Their golf course team was present, Randy Case, his partner on the golf course side. They would go through those issues and conclusions with the commission. 2) The current operations won't support a S5 million level of investment required. 3) To get the support for that investment, they would have to build some quality single family homes. And if they built those homes and asked permission to do it, which is what they were asking for here, those homes would have to be compatible with the neighborhood. They would have to be designed and developed in a way that really worked and fits the neighborhood and meets the architectural pattern because in 40 years they can understand the diversity of architecture that exists there. So it was no small challenge to come to understand how to really make that work. But given that guiding set of principles, they also recognize there are alternatives, but they didn't think they were very attractive. The alternatives �• are status quo, do nothing, don't approve this project, and allow what he thought would happen which was the long-term deterioration of the course and the clubhouse. The City could buy, renovate and operate the course. They are in that business and own two. He didn't think the City had considered it and wouldn't make that conclusion on their behalf. They are the City and he respected that, but he didn't think it was an option that they wanted to proceed with in the past and wouldn't want to in the future. They could charge assessments. One way communities reinvigorate is they go ahead and charge assessments for things like street lights and street improvements and they could do it in this case with the golf course. It's just that there is such a diversity of interest there. Not everyone is a member of the golf course. Not everyone is on the golf course. And some people are golfers and some aren't. It would be unusual to get a consistent and predominate level of support for that. � 17 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 2004 ; � � , Finally, the proposal before the commission indicates the private `� sector alternative which they thought could work, knew could � work and would have no financial assistance from the City. The project is a golf course and club house improvement project first. They understood that and it was the guiding principle number one. The golf course had to be improved. It is concurrently and secondly a residential development program of 95 new California style Spanish homes that they thought fit exactly the pattern of development and style that has evolved in that neighborhood over a period of time. And a neighborhood signage improvement program, way finding signs, attractive markers that really gave some integrity and cohesiveness to the community and with the housing and golf course together really bring an image and level of quality they thought would serve the community very well in the future. He said they have received some support for this project and the , reason they have is because they worked hard in finding a project that would fit the perspective and conclusions of most of the � people that live in the community. He stated there are 959 homes in the HOA and those are the people, the community residents, that have supported them with an overwhelming vote. Over 50% of the homeowners voted. He started out by saying he was a city manager and in some cities he ran, they were hard pressed to get 18% votes. Over 50% showed a level of interest. The HOA election showed nearly 70% in favor of the project. They have had the endorsement of just about every golf course group: the Board of Governors, and these were all groups that gave a lot of input on the golf course improvements. There was not a hole, literally not a square yard, out there that they weren't touching and improving. They got to learn how to do that through their conversations with these groups. The women's club, the men's club, the niner's club, the social club. They received written support from over 700 residents. Using a display board, he said they walked the neighborhood and identified every support letter, every house, and every signed ` petition, every card mailed. He knew the commission received a lot 18 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 2004 �.. of correspondence. They were out there and understood the correspondence and knew the issues and were proud to be here with their team, which is multi-faceted and broken down into two key components. Everything they did was geared toward this accomplishing and executing the best possible plan they could come up with for the community. They have the golf side, they have the residential side, and there was cross over. They are integrally tied. They believed this was an approach and was between their golf course operators and their architect. Their architect specializes in building golf courses. That is what he does. They have found the best. Their clubhouse architect is award winning. Using a display board, he pointed out the neighborhood, the driving range, the clubhouse area and the apartments that the City purchased. He said it was hard to see, but one thing he wanted to point out in terms of evolution of architectural styles was they would start to see a lot of redness and orange down in some of the later components. That is because the neighborhood started to +.. move toward a Mediterranean, Spanish vernacular in their architecture in the later years. That's how they started to promote the same type of architecture. The important element is the phasing of this project based on the City's development agreement. They are absolutely putting in the improvements before and concurrently with the residential. They had heard a lot of comments and one thing that was so important to this neighborhood and this community was they made a commitment to make improvements to the golf course prior to or in conjunction with the initial phase. That is exactly what they were doing. The schedule would show them that in fact, other than the entitlement period, phase one is the golf course improvement plan. All 27 holes. They started predesigning now to hopefully get City approval and then move toward the development of the homes. Only in conjunction with or post these initial improvements as they move forward. It was very important to them to try and get the improvements to the golf course done before the high season. So this schedule was tight, but they are ready to go and was why they had their golf course people in •.. 19 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 2004 f � � � particular start to get really detailed in the design of this course, � which Randy would show them. The second phase, after building out the initial improvements to the golf course, all 27 holes, then they would do the clubhouse remodel at the tail end of the first phase of the houses, but they couldn't finish or get that occupancy permit until they worked on and complete the final, they couldn't finish and get the occupancy on the 11 single family homes per the development agreement until they finish the clubhouse. So golf course improvements, then houses, then clubhouse, then houses. That's the way it should be and they were okay with it. They were also okay with the PR-6 zone. It wasn't a problem or an issue with them. They support that. They were just incredibly excited and enthusiastic to move forward. He said the commission would hear from two more people in this presentation. Randy Case, his partner in PDCC, and he would discuss the golf course improvements. They are the centerpiece to � this whole project and they would have Frank Stulls, their � architect, speak a little about the architecture and he would wrap up and then they would hear from a lot of different folks. MR. RANDY CASE, 601 S. Figueroa, addressed the commission and noted in response to one question that was asked earlier is the golf course is an 18-hole championship and 9-hole executive course. He went through a slide/power point presentation. He indicated they were fortunate to bring in to work on this project some very talented individuals in the golf business, one of them being Carey Bickler out of San Diego, one of the top 125 architects in the world and he specializes in remodeling golf courses, in particular Billy Bell Junior and Senior. He just finished La Jolla Country Club, Del Mar Country Club, and a couple of others Billy Bell Junior and Senior had done. So he has some experience with the kind of golf course this is and that was really important to them. They weren't going to change the golf course a lot. They were going to improve it with an irrigation system, fix the greens and do things like that, but they weren't going to change the bones. The bones of the layout were outstanding. It 20 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 2004 � was designed back in the 1950's and they thought that was great and would keep it that way. He showed the 18-hole course on the outside and the executive course on the inside. As Mr. Smith talked about in the staff report, they were realigning two of the executive course holes. One would start at the clubhouse, two would go along the homes and three would go over Tennessee and then wrap around pretty much like it is now. When they were done, the championship course would maybe be 30 or 40 yards shorter, but the same par 72. The executive course would be shrunk by about 50 or 60 yards, but he thought the level of improvement to it would far exceed that difference. A couple of key things about their improvements is that they will improve every hole. They weren't improving the championship course and leaving the executive course out. They were improving every hole of both courses starting at. the tees and working their way through the sand traps, the greens and basically they were �•• redoing all the greens and tees, not realigning, but reshaping some of the fairways and redoing all the bunkers. He thought they were adding 15 new sand traps primarily on the championship course, but a couple on the executive course. There are three existing water features. One around the first hole, one by the 7th, and then one by the 13th hole. They were going to redo those three lakes and improve them. If they had been out there lately they are pretty dirty and sad looking. They needed some serious maintenance and attention. Then they were going to build a new water feature with sort of a three-tiered waterfall in between the 9th and 18th with a spectacular finish on both nines on the championship course. As part of the golf course team, they have the William Charles Group who specializes in renovation and natural construction. Part of their team worked for Jack Nichols for dozens of years and built most of his courses, so they were pleased they have the architect to design it and these folks to build it and see it through. �... 21 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 2004 � a � � He said they would renovate both courses, every hole, and wouldn't go into detail about it. There was detail in the development agreement they were negotiating with the staff that would tie them to specific things like the number of tees, greens, sand traps, all those things. One thing he wanted to point out that was really important is that this is one of two golf courses in the valley that is on a manual,coupler system, meaning folks have to go out at night and put out sprinklers and that is the only way it operates. It doesn't go by itself. There are two (eft and they are real happy and proud to say they are going to put in an automated irrigation system for both courses. They have looked at the opportunity to do that. It isn't an inexpensive opportunity, but was necessary for the ongoing maintenance and capacity in being able to maintain the golf course and it would save hundreds of acre feet of water a year. So they were real happy about that part of thei� project. He showed a list that specified what they would do. There's two phases that Larry talked about. They have the golf course phase, ; which is the first phase which they would do before taking any C � of O's on any of the homes. That's about S4 million roughly. About 40% of that is the irrigation system and the remainder is the golf course improvements and the relocation of the maintenance facility. They heard about the maintenance facility and he forgot to mention that and they would go back in a second, but he would talk about that later. The second part of the project, this year the plan is June 2004 to about October 2004 to do the golf course work during the low season. Next year the clubhouse improvements would be done, June through October of 2005 and again that would be during the slow season. He showed a picture of the existing clubhouse. One of the final components of their team that he was proud to talk about was Richard Denzer of Denzer Associates, a renowned clubhouse architect and they were happy to have him on their team. He was going to create some exciting things for the clubhouse, not only from an entry perspective with a water feature and a new f entrance, they were going to paint it, add some new landscaping, � 22 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 2004 w..► and they were going to redo the inside of it. Primarily they were going to remodel the interior of the clubhouse. It vastly needed it, from the plumbing, to the locker rooms, to where the pro shop is, to the kitchen and dining facility. It needed a complete remodel to the clubhouse. He showed a plan view of the parking area and one of the things is that the parking area had been relocated. The parking now was on the sides and corner of the clubhouse. They were going to relocate the parking area to California and New York. It would be fully landscaped with a water feature. Ron Gregory from Ron Gregory Associates was the landscape architect and would take care of that part. Going back, he stated their proposal from the beginning has been to relocate the maintenance facility and the cart storage barn. They are now located on New York and were not real attractive looking. The idea was to tie the cart storage barn into the clubhouse and the maintenance facility to be relocated between �.. holes 13 and 14, which is where it was many years ago. They had a sort of bubble diagram of where it would be and they were working with their architects to design that finally, but it would be fully landscaped and it would be between the holes where it used to be. He turned the discussion back to Mr. Kosmot. Mr. Kosmot said he wouldn't dwell on the zoning map since Mr. Smith covered that well. He pointed out the location of the 17 lots that were eliminated as a result of the hundreds of ineetings they had to come up with the plan that was submitted. Another diagram he thought gave them a good sense of the clubhouse lots and some of the golf course lots on New York, the readaptation of the golf holes and the driving range that currently surrounds the clubhouse, and the overview of the clubhouse and the parking. He said they were really looking to improve these holes, put in a state of the art practice facility, and create golt course views. They understood there are adjustments and modifications, but still rather significant and important. This community is not gated and it is laid out in a way that both the Fire Department and Public Works Department have looked at. It is safe and allows for a sense of community, adequate parking with islands of parking, a nice little +�.... 23 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 2004 i , 1 clubhouse and a pool. One of the conditions really speaks to this � clubhouse community adjoining the HOA and they were open to that as either a sub HOA or HOA direct depending on how the regulations work. At this point the most important thing for him to say, because he was going to introduce Frank Stulls, their architect, who would spend about a minute, they spent a lot of time looking at this neighborhood and the slides were really indicative of a lot of the newer homes. They are 18 feet high in many cases and have graduated slopes and setbacks. Tile is a statement for many. With that, he introduced their award winning architect who has over two dozen active projects in the desert area and who worked very hard at taking this project and giving them a residential concept that they think achieves the right identity, the right aesthetics and also will achieve a level of acceptance from buyers. MR. FRANK STULLS, a principal of South Coast Architects located in Newport Beach, California, addressed the commission. As Mr. Kosmot mentioned, he said they were asked by their client to � develop a project within this community that would work in terms of size to the market, as well as to the existing community. What they designed was a series of four homes or plans. Those plans range from 1 ,750 square feet up to approximately 1 ,800 square feet. Working with homels) on a golf course community, there were obvious things they had to design as components to those homes. He thought the biggest things that had to happen with homes like this is from an internal standpoint they had to create the right floor plan in terms of how it extends to the golf course. So that typically meant they create these large, big rooms that consist of a kitchen, family and dining area all open as one space that work their way in terms of viewing corridor to the course. The other component that is very traditional to a golf course product that buyers in today's market like to see is the master suite or owner's suite and that was also part of these homes in terms of what faces toward the course. The other key component ; in designing these homes was the front elevations, the style of � 24 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16. 2004 `.. these homes in today's market, as well as trying to create something that is of interest. They followed a Spanish style of home. They could see from the conceptual street scene that they have a variety of elevations working to a condition where they have some vertical elements that are roughly at their highest point at 18 feet and some a little bit less and then the basic ridge lines which are at a smaller level, closer somewhere between the average of 15 to 16 feet. With these homes they also wanted to make sure there is a certain amount of sensitivity because of the density of these homes with 5,000 square foot lots and that they give these homes and the street scene the opportunity to have the garages deeper into the lots so what projects forward more is portions of the house like the entry, bedroom condition, office condition and with the elevations, they could see as they looked at the garages on the two dimensional street scene, they were actually set further than some of the other components. By doing that it gave a more appropriate street scene to the neighborhood and did not create a `.. series of garages along the lanes. One thing he heard early into the presentation is they do have garages. These garages also have a greater depth then the front setback which allows additional parking in the driveway off the street, so they can accommodate up to four cars within their lot. He thought those were some of the key components that they are trying to recognize in terms of what they want to market as a good product. They do a lot of golf course product in the desert currently and this particular form seems to work very well. In conclusion, Mr. Kosmot said one of the things he wanted to underscore is the number of homes, 95 homes not only came after a lot of hard work and evaluation, but overall in terms of the overall community it is about 5% of the current existing product, so they think it is a reasonable level of reintroduction of new, quality homes that fit aesthetically. It wasn't overbearing. It is the number that works to support the golf course. In closing, he wanied to identify finally thai it is not just their development and the course they'll buy that they want to take and work with, they see the community benefiting from an overall �.. 25 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 2004 � s � aesthetic that could include signage and way signing and actually � some safety signage in terms of the golf course and cart crossing. They were happy to work through these concepts with the community as they have in the past, but it is their idea that this is also an element of improvement when working with a cohesive community such as this, one with a sense of history and no real champion of getting a cohesive message and identity present and recognizably present. He said he appreciated the commission indulging them. It is an important consideration and wasn't a light matter. They didn`t take it lightly and they are responsible community developers. They are committed to being out in the desert and in Palm Desert and would like to open an office here and stay here for the long run. This go{f course and club house has been here a long time and they feel it is time to turn the corner. For the corner to be turned it would take significant monetary investment and they are prepared to do it at both levels in quality houses, but first in the golf course. The project is undoubtedly environmentally friendly and the integrity of the environment is not only improved because of the improved planting and operational � quality they would bring, but they would actually save a significant � .iri amount of water by moving to an automated irrigation system, over 500-acre feet and their engineers were now telling them they may reach 700. That is how good this could be. They thought the project would clearly be aesthetically productive and would enhance the property values. They heard the analysis by an independent appraiser. They think it is better than that and not a sideways motion, but was clearly a forward motion in terms of value when this golf course comes back to its origina{ luster and when these attractive, well-positioned homes are placed into the community. They thought that conclusion received the support and overwhelming endorsement of all the groups because it is well conceived and because the community has become their friends and they have become theirs and he thought they had a long standing partnership ready to get started and they requested approval of their project. Chairperson Jonathan asked if there were any questions for the applicant. � , � 26 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 2004 �.. As a point of clarification, Commissioner Lopez asked if the golf course would close for the initial remodeling and irrigation from June through October of 2004. Mr. Case said yes, their plan, assuming and hoping for approvals from the commission and council, was that they would start work sometime in June and the golf course experts tell him they can get it done by October of this year. All 27 holes, all irrigation, tee work, and all the golf course stuff. Commissioner Tschopp indicated that the Planning Commission wasn't that germane to economics, but when they bought the golf course (and he knew he was one of several owners in the last several years) he thought they must have some idea as to the improvements necessary for the course, and asked if they looked at other ways of paying for those improvements. He asked if the homes were part of the plan from the beginning. Mr. Case said that as pointed out in the beginning by Mr. Kosmot, 'a.. Mr. Sung Sang Cho is the current owner of the golf course and one of their partners in the development. He deferred to Mr. Kosmot or to him. Mr. Kosmot said they are prepared and in the transaction to acquire the course, but what is necessary for them to acquire the course is the entitlements for the 95 homes. Because they went through this analysis, part of their due diligence and part of the concept development, they know they would not be buying this golf course without the ability to reinvigorate it and the only way to reinvigorate it and operate it at a level of integrity and competitiveness that can work out here is to improve it, which means they need the homes to be able to generate the contribution to improve the course. Mr. Case added that as Mr. Drell pointed out earlier, they had given him some information about how the current golf course runs and Mr. Kosmot indicated how the future golf course would run after the improvements. There has been a number of owners over the last ten years that probably came in and they could do ...► things, but when looking at a S 1 .5 million improvement to the 27 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 2004 ! i `D � � irrigation system, that started setting them back quickly and they couldn't catch up. That is what they found in the analysis. The improvements will allow that golf course to run on its own. Commissioner Tschopp indicated that he hadn't gone through in detail the proforma, but asked if there was a sinking fund for in the future when this irrigation system and other problems arise so the course can be upgraded in the future. Mr. Case said absolutely. One of the key components on that spread sheet on the bottom is the capital improvement fund, the capital improvement set aside fund. Normally for courses that need a fair amount of maintenance, and he could bring up his experts again, but he thought they usually put aside about 4% of the total revenue. Once it's fixed and they do all these improvements, he thought they had looked at 2-3%. They would set that aside every year so they wouldn't run into these problems. Commissioner Tschopp noted it was 2%. � .r� Mr. Case concurred that it was 2% at the bottom. That was because they put the S5 million into it. Normally it was around 4% if improvements haven't been done for a while. There were no other questions for the applicant. Chairperson Jonathan said the commission would move on with the public hearing to get testimony from those in favor of the project, then from those opposed, and then the applicant would be given a final opportunity to address the commission. He noted that he had some B1ue Request to Speak Cards and he would call up those people first. He asked everyone to please remember to keep their presentations preferably to under three minutes because they have so many people present, but if they had to they could go up to five minutes. He stated that each and every person that wanted to address the commission would have an opportunity to do so. If they weren't the first one up or he didn't read their name, he said not to worry, they would get their chance. That was what the commission was there for. He asked that they not be repetitive, stay on point, he knew there were a lot of things going on in their neighborhood and lives, but they were there to address specifically the application before them. He � asked that they please try to contain their comments to the application i � 28 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 2004 +r... itself. He asked everyone to state their name and address for the record. Beginning with those in favor, he invited Mr. Gary Houtz to address the commission. MR. GARY HOUTZ, 77-370 Minnesota Avenue, addressed the commission. He said as they could see by the sea of green behind him (people wearing green T-shirts) and by the hundreds of signatures on the petitions that have been submitted, this project is very well supported throughout the community. However, in order to avoid or at least limit repetition and for the sake of brevity, they kind of organized a core of speakers and asked them to limit their speaking time. He stated that he is a resident of the city of Palm Desert and resides in Palm Desert Country Club. Most of his adult life was spent in the San Francisco Bay area but he chose to move here after visiting several times and basically falling in love with the area and the people. He meant that literally because he met his wife here and they were married at the flag pole on the first tee of �• Palm Desert Country Club. It was a beautiful wedding and a beautiful setting; however, this was several years ago and as they all knew, the condition of the golf course has deteriorated since that time and no longer has that appeal it once had. He and his wife own two homes on the golf course. They have no intentions of leaving the area and fully support this project. They recently completed a major overhaul remodel of their home with the cooperation and guidance of the City of Palm Desert, especially Mr. Phil Drell who didn't agree on all things, but when it ended up they parted friends and he was happy with his house and hopefully Mr. Drell was too. They were confident that the City wiil provide the same cooperation and guidance to the developers of this project and will keep them on course to improve their neighborhood. He said that many of the older houses would never be approved by the City today. If they played golf, they couldn't help but notice that dozens of these homes are in need of substantial rehabilitation. The California Spanish style of these proposed houses will fit right into the neighborhood. Down California there are dozens of •.. Spanish and Mediterranean style homes that are 18-feet high, or 29 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 2004 i $ ; .�ri approaching 18 feet high. Most of the recent expansions are Mediterranean or Spanish in style. After many months of planning and meetings with property owners, the goals of the project developers were pretty clear to all of them. The developers have had many public group meetings and made themselves available for meetings with individuals to discuss the concerns of the homeowners. The number of proposed homes to be built have been decreased significantly after meetings because homeowners explained their concerns to the developers who were able to look beyond the bottom line and see that the concerns were genuine and real. This is an indication that the developers are willing to meet the high standards set by the City in order to improve their neighborhood and make it a better place to live. The developers met with them, walked their properties and made changes based on their input. They had been truly committed to working with the community insu�ing that this is a project that will work best for the neighborhood. The developers have committed � to fixing lot line adjustments to help encroaching homes reestablish legal lots. The neighborhood has been too lax on these matters and this is a way to fix it. He asked the Planning Commission to approve the zoning change and allow this project to proceed. He has faith in the commission and was confident the developers would follow its recommendations so that they the homeowners could enjoy the fruits of the commission's labors. He thanked them. MR. GEORGE BOAL, 76-739 Oklahoma in Palm Desert, addressed the commission. He stated that he represents an eight-person group they call the Board of Governors and they get their noses into almost anything that goes on in the club. They try to take care of the problems that the members have that can't reach the owners, so they try to be the spokespersons to try and solve problems. For the last year or so they haven't been able to solve too many problems because they really haven't had too great a cooperation from the owner. They had to take his side a little bit � because they have some real problems. Mr. Drell already said them � � 30 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 2004 `.. and took his thunder, but the big item as far as he is concerned is they can buy a lot in Palm Desert Country Club and it was probably the only place in the state of California that they can put a house right on the fairway, walk out without a fence, put a pool out in the back, take all of the advantages they have of being in a country club atmosphere, don't worry about maintenance because someone else will cut the grass and reseed it and so forth, and not contribute one plug nickel to the golf course. This has been a problem because they watch the finances as they come through for everything that goes on. There is just not enough money or revenue coming in from greens fees, and certainly not the tennis court, and now days not the restaurant, there was just not enough money to maintain a normal course, much less a 40-year old course that needs as much money as they need. So the LLC group came in and gave them the opportunity to raise themselves up by their own boot straps and they really appreciate it and hope it works. MS. RUTH DeGEORGE, 76-797 California Drive in Palm Desert, � addressed the commission. She said her house was in one of the pictures shown and if she had known she would have closed her garage door. She said they don't come under the jurisdiction of the Palm Desert Country Club Homeowner's Association. They live outside that area. In order to save time, she wanted to address the commission on two issues. She was scheduled to speak again, but would rather speak once if they didn't mind. She was here to present a letter to the Planning Commission from the President of the Palm Desert Country Club Women's Golf Association who could not attend this meeting. It was addressed to the members of the Palm Desert Planning Commission (see attached Exhibit A) and the members unanimously supported the PDCC golf course improvements, clubhouse renovation and residential project upgrade. As a homeowner, she and her husband have lived at the aforementioned address for the past 15 years and as dues paying members of the PDCC, she and her husband completely support this project. They have a golf course winding through their community which if viable, enhances the area and increases � property values so that everybody in the community gets the 31 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 2004 benefits. None of the homeowners in the community are assessed '� for the upkeep and maintenance of the course. The income is derived from the country club membership and green fees from golf players from the public. Over the past 15 years they have become increasingly concerned over the deterioration of the course and the clubhouse resulting in a second class country club with declining membership. She admitted to being skeptical when first learning of the plans of the PDCC Development Incorporated having listened to the unfulfilled promises of many previous owners. But after viewing the project plans which includes the very important replacement of the integrated wasteful irrigation system and listening to and observing the actions of those in Kosmot responsible for implementing this project, they are confident they have the experience and expertise to finally make PDCC a first rate golf course. During the past month she polled her neighborhood and found the vast majority of residents welcome the improvements this project will bring. She asked the commission to please approve this ' ..r project. MR. CHARLIE ASH, 77-130 New York Avenue in Palm Desert, said he was present this evening representing the Men's Club at the Golf Association at the Country Club. Over many many years, this course was one of the oldest courses in the valley. He was told from some very reliable sources that it was the home of many of the qualifying rounds for some of the lesser pro tournaments. They were somehow involved in the Bob Hope Classic tournaments, etc. He stated that he has been a member for 13 years and it seemed there has been a steady deterioration in the course and the clubhouse over that period of time. Their membership in the Men's Golf Association has really hit rock bottom. They were having a tough time. And the course suffers when they don't have the cash paying members in there and people will not come out and join a course where the parking lot is all in shambles. They just look at it and no one wants to come around. i � 32 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 2004 +r. The Men's Group really endorses this project and he has been involved in the redevelopment committee there and has seen a lot of the projects come and go. He thought these were the first people to come into PDCC that he really felt have made an honest effort to develop the course and the clubhouse and bring it back to its original splendor. He recommended that the commission approve the project. MS. CARMEN CARLO, 79-785 Camelback Drive in Bermuda Dunes, addressed the commission. Doing a little bit of history, she was noticing a world class tennis player, Alice Marble, she was a club champion three years at Palm Desert Country Club and Ms. Carlo hadn't realized that. She stated that she currently is the President of the Golfing Niners at the Palm Desert Country Club. The Nine Hole Group was started in 1967. It would play nine holes in the front for two weeks, then nine holes on the back for two weeks. In 1973 the executive course was opened. They currently have between 65 and 75 `.. members. Many of the members have been active Niners since the early 1980's. Listening to them talk about how the course was, it was hard to believe it is the same course she has been playing for three years. The condition of the course and the ladies locker room has deteriorated so much it is barely usable. They are unable to have their lunches in there lately due to the insufficient staff. Their members are of an age where this location is probably going to be their last move. They are all looking forward to having a warm, friendly country club for all of them to enjoy. They want a country club they can be proud of, to enjoy, not to mention support. So they took this time to thank the commission for their consideration to vote for them, the people who have no choice but hope for a brighter future. MS. JUDY WILLETTS, 43-660 Elkhorn Trail in Palm Desert Country Club addressed the commission. She said she bought her home that was built in the 1960's. For the 60's it was considered to be a custom home. It was one of the first homes built on the golf course and it was a one owner home when she purchased it. �... 33 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 2004 ; � .ri The bones of the house were lovely and good, but she had to come in, gut it and completely renovate it, correct the plumbing, the electricity, roof and everything to bring it up to today's standards. She lives on the 7th hole and looks out at what could be a lovely scene which would be a lake amenity. What she sees out there is a muddy hole. There is absolutely no vegetation growing around it. Sometimes it has a water feature that sprays up, but most of the time it doesn't. She would not even want to take her out of town guests or her local friends, she's lived here 30 years, to the clubhouse for an evening out. It doesn't even equate to what anyone would classify as a dining experience. When this development came on board, she had heard rumors over the years about other people coming in and maybe taking part of the golf course away and building their homes and they are going to completely obliterate the golf course. She lived here listening to all of those rumors. So when this developer came on board, she thought, this is it. But she went to the meetings because prior to this no developer had ever opened community meetings, so she � started going to the first meetings and listened to their � presentation. That was some months back and their presentation to the homeowners was almost exactly what they presented to the commission. So she considered that they gave the residents a lot of respect and consideration. They have met with them individually, if not collectively, for their input and suggestions and have listened to them. She is not a golfer, could only see that this project with the revitalization of the community as a whole, this project will serve to benefit all of them as homeowners, the golf community, their older citizens and the newer young people moving into their community, she thought it would benefit everyone. MS. BARBARA POWERS, 76-918 Kentucky Avenue in Palm Desert, addressed the commission. She stated that she and her husband have owned their home since 1983. They live in one of the Lusk homes and they are not in the Palm Desert Country Club Homeowners Association area. They are for this Palm Desert Country Club Development LLC project and last fall she became involved in it because the country club area they lived in had a 34 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16 2004 `. terrible water pressure problem which had since been corrected by the Coachella Valley Water Department. But there were many other negative things that caused the golf course and the overall neighborhood to deteriorate from the past five owners. She was sure they were hearing from them all tonight. When she found out they wanted to build homes, she wanted to make sure they would all have water. She met with Sherrie Ryan, Larry Kosmot and Randy Case and they explained their project to a number of the members and neighbors. She was convinced it would be a great improvement for their club and all of their homeowners for the whole area. Some members of the club and herself decided to poll the residents and get signatures on petitions from the homeowners, and she was sure the commission had copies of them. Their petition committee obtained hundreds of signatures from their homeowners who are in favor of this project. If they met someone who wasn't sure about the project or was upset with the project, they notified Sherrie Ryan or Randy Case and they would meet with that person. In most cases they would � work it out. This Palm Desert Country Club Development LLC has severely cut homes from the proposed project to accommodate the concerned homeowners. She asked the commission to please recommend this project to the Palm Desert City Council with a big yes because she truly believed it would be a great benefit to them all. MS. PHYLLIS HARKINS, 77-298 Missouri Drive in Palm Desert, addressed the commission. She stated that she was present representing the Palm Desert Country Club Homeowners Association as their President. When this project first started coming out, like any homeowners association, homeowners associations play alone and no one really pays attention until something happens and then the first place to call is the homeowners association. So when the project first came out and information was being disseminated to the homeowners, at that time the board of directors of the association voted to take no position on the project until such time as the board was able to get a feeling from the 959 homeowners that are the association and +... 35 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 2004 ,� , � ..1 which are only a part of the entire Palm Desert Country Club community. They had an advisory ballot that was sent out in January of 2004. The ballot was in two parts. The first part asked the homeowners if they wanted the association to take a public position on the project. The second part of the ballot asked them if they wanted the association to take a position, what the position was. Out of the 959 ballots sent out, 538 ballots were received back. That is a 56.1 % return. For the number of ballots returned, 354 homeowners wanted the association to take a position on the project, which is 65.8% of the baflots received; 321 of the people were in favor of the project, 59.7% of the ballots; 106 homeowners did not want the homeowners association to take a position, 19.7°l0 of the bal{ots received; and 154 homeowners were opposed to the project, 28.6% of the ballots received. The numbers were skewered because some people voted for one part of it, but not for the other. So they weren't all balanced. � .� Based on the strength of the ballots received and the strength of the vote in favor of the project, at the March 8 board meeting of the Palm Desert Country Club Association, the Board of Directors unanimously, and she wanted the commission to know that there were a number of board members who were personally not in favor of the project, but because of the strength of the ballots, there was a unanimous vote to take a public position approving the project. The other thing the board also asked at that time was that any of these homes in Tracts 2137 and 2283 be included in the Palm Desert Country Club Homeowners Association, which she knew was an issue down the road and was not something for discussion tonight. She thanked the commission for their time. MR. KEITH CAROSELLI, 76-896 New York Avenue in Palm Desert, addressed the commission. He said he is a member of Palm Desert Country Club. He is also a member of the recently formed PDCC Social Committee. The function of this new committee is to create special, social and cultural events for both the members of the club and the residents of Palm Desert Country Club comrnunity and surrounding areas. 36 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 2004 ` To test the waters of the community, they have had a few special events since October of last year. They were received with considerable success. Many of their invited guests to these events expressed an interest or desire to see additional types of memberships added to this facility. The leading membership category was a new social membership. Part of any community is a necessity of not only economic growth, but social and cultural growth as well. Adding social memberships in Palm Desert Country Club will enhance the experience of visitors to this city and the valley. It will enable the ownership to develop the restaurant facility at the club into not only a economically viable facility, but a social and cultural center for the community. In informal discussions with the proposed new ownership, they discovered them to be in full agreement to adding not only social memberships, but the necessary amenities to both support and enhance all aspects of the club membership. By revamping both the golf course and clubhouse, a new attitude will prevail among the community, an attitude of pride in their community. A pride �r.. that would be reminiscent of years past when this club was host of the Hope for Tomorrow golf tournament, part of the Bob Hope tournament. A pride that would allow even non members an opportunity to bring their guests to the club for dinner and special events. He personally supported the new development knowing that the developers and their staff are not only willing to put forth the effort, but are indeed capable of completing the project. This coupled with the checks and balances afforded the residents by the City of Palm Desert should keep this project in the positive direction to completion within the developer's time frame. He thanked the commission. MR. CHUCK POWERS, 76-918 Kentucky Avenue in Palm Desert, addressed the commission. He stated that he wasn't speaking for himself this evening, he wanted to read a statement from Mr. John and Marian Rogerson of 77-039 Utah Circle in Palm Desert. He noted that Mr. RQgerson is a noted architect and genera! contractor for 40 years in So. California from Malibu to San Diego. "We have been homeowners in the abovementioned country club .r 37 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 2004 ; a since 1981 . Full time residents since 1986. As such we have seen � many changes in the club ownership and with each new owner the overall appearance and management has gone down. We believe it is now time for a complete change. We do approve of the plans that have been submitted by Palm Desert Country Club Development LLC. As an out dated country club surrounded by many newer residential golf course developments, it would seem prudent to make the changes submitted. We understand that some of the homeowners disapprove of the project; however, with the current ownership the clubhouse and golf course will only deteriorate further and property values will begin to decrease. It is our hope that the Planning Commission will seriously consider this project as being an upgrade to the community and give it full approval. Signed by John and Marian Rogerson." MR. SCOTT JOHNSON, 77-150 Florida Avenue in Palm Desert, stated that he has been a homeowner for 11 years now. His parents have owned a house on Illinois for over 20 years and he has been playing golf at this club since the age of 13. He most i recently has been the director of golf at Palm Desert Country Club � for seven out of the last 10 years. He has now worked for five different owners at the country club and he could say without hesitation that they have all been similar. They buy this golf course and come in and then realize the high cost of running this golf course. They have a very unique watering system and electricity bills are skyrocketing during the summer time. They desperately need an irrigation system just to compete with the golf courses close to them. He said he was one of the first people to meet with Sherrie Ryan before even Larry and Randy came on board to talk about this project. He was most proud to say that he has seen other groups come in here and try to build on this golf course, but not one of them had come to the community like this group has and asked for input of what they want and what they don't want. He thought they should be applauded for that, for coming to them. Mr. Drell pretty much stole the rest of his speech because he touched on some of the things they would hear about the opposition wanting the City to buy the golf course instead of building a third one, which he knew they had plans for now which would cost millions 38 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 2004 i..► of dollars more to take over this project instead of just building one from scratch. The other solution they might hear is for the members to buy the golf course, which would be about 530,000 each in assessments. He couldn't even get them to pay 52.00 for closest to the pin and they want 530,000. He and his wife reside there, they are not going anywhere, they love their community and asked the commission to give this a loud yes to the City Council. MR. M.G. "BUTCH" WILSON, 77-195 Minnesota Avenue, said he belongs to the PDCC Association and Country Club. With the development being proposed, they are particularly pleased that the executive course will be kept and be restored. Although the driving range would be nice, it's substandard in its current condition and very unsafe. Additionally, there are a substantial number of premium driving ranges nearby, some even lit for night practice. Claims by some that this project worsens traffic conditions are absurd. Any traffic issues they have now are due to existing pass through travelers that drive through their wide residential streets too fast. He asked the commission to please approve the PDCC �+ Development project. MS. LEE CAROSELLI, 42-465 Tennessee, said she wasn't wearing a green shirt, although she was offered one several times. She came here with more questions and wanted to see what the Planning Commission had to say. After being part of several other communities, she thought this was the most thorough job she had ever seen and they were all to be congratulated. She liked hearing that there was a caring about the amenity they have at Palm Desert Country Club. And she liked hearing that the City was even going so far as to address the economic needs. She also liked the results. She was for this project and came in for the project, her only question was if it would be carried through or if they would lose their enthusiasm again with another group. It looked like they had addressed that very well. One thing she wanted to ask again, was the continued maintenance. It was addressed, there was talk about a 2% capital fund being set aside. She knew they had certain conditions they have put on this project and knew they were really stringent from people were telling her that were being tied down with them, but she wanted to more about this capital �.. improvement budget and the fact that it addresses the second 39 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16. 2004 � phase that was brought out for the whole project, and that was the continued maintenance. She felt sure with the job done already and the thoroughness that all of the problems that they may have had and all the questions they may have had have been addressed and will be addressed. She thanked them for the work and hoped they would approve it. Chairperson Jonathan called the next name, Tain Bodkin. There was no response. MR. STEVE MOORHEAD, 43-905 Milan Court in La Quinta, said he is a past member of the Board of Governor's for this country club and is also a past Men's Club officer. He was in support of this development for a couple of different reasons. One was, and hopefully they would touch on it with the homes that are being built, is the pricing of homes and how the values of homes are increasing even as they spoke. He's a realtor and has had three listings in the last three months, two in the last three weeks, that have sold for prices that are higher than they have seen as a norm. ; � So he thought the bounce they were seeing was partially due to � this project. Most of the folks he has talked with in doing his daily business within the country club have talked about the effect the new homes would have within the community. They think positively of it. Other people he has talked with that have purchased homes within the country club are looking forward to this enhancement of the country club itself as well as the golf course. He thanked the commission for their time. MR. STAN GREENE, 76-376 Poppy Lane, said he wanted to recommend his approval. He's a former City Councilman for the city of Reno, Nevada. He was one of the first members at Desert Willow and knows the City takes pride and has one of the finest public cou�se in the world at Desert Willow and clubhouse. He couldn't see them stopping there and recommended approval. MR. RICHARD LANDIS, 43-325 Texas Avenue, said he and his wife moved to that location in 1989. Since then they have seen numerous proposals put on by different owners. As stated before, five different owners and each one came in with a grandiose plan. � For a short period of time they've shown some improvement and � 40 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 2004 r�.. then revert right back to doing nothing. The plans for the improvements to the clubhouse facility and the golf course, with each change in ownership they see very short periods of time upgrades to the course. The proposed new owners of LLC are the first to submit a viable proposal with realistic capital and a sound method to recover their investment. Improvements to the clubhouse and golf course including automatic watering systems will enhance the golf course tremendously. The golf course has been in terrible shape and the irrigation systems are extremely inefficient. The enhancement and restoration necessary will not occur unless the Palm Desert Development project is approved. He said the representatives of the commission represent a very progressive city. They think their proposal is in direct concert with the city for the enhancement of the community. He urged them to vote in favor of the project. Chairperson Jonathan called the next name, James Neumann. There was no response. r••� MR. ARTHUR IPPOLITO, 77-015 and 77-021 California Drive, said he has two homes in Palm Desert Country Club. He came down during the early 90's to the valley to look for a home. He looked at one end of the valley to the other end. He kept coming back to Palm Desert Country Club. Why? Nice lots, golf course, and the main thing was the first year he went there the homes were in really bad shape. The next year he went there again to look and homes were being fixed up. The next year the same thing. So he and his wife bought their first home there and now live there full time. He just went through a remodel, went through the Architectural Review Board and they were pretty hard with all the things they wanted to see done. He told them he is excited and wanted to see this place improved because it is so great. And the commission now has the opportunity to change the golf course like the City is doing making all the homes who want anything done improved, not just improved but looking good, in comparison with other places. And now they have a chance for this golf course to finally get it done. Because that's the one thing in the neighborhood that has been going down hill steady every year. The golf course has gotten worse. The neighborhood is coming up, but �.. the golf course was going down. They needed the commission to 41 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 2004 a � � ; approve this and get them back on track. It's part of our city and � part of Palm Desert and they needed it to look good. They have a lot of things going on with half the place with wires underground and half the place with wires on top. He knew that was in the process of going underground, so they had a chance for Palm Desert to have a really super neat golf course and homes around it. He asked them to please approve it. Chairperson Jonathan asked if there was anyone else wishing to speak in FAVOR of this application. MR. FREDERICK LEAGIN, 43-215 Texas Avenue in Palm Desert, addressed the commission. He said they are sitting in a little corner of the 8th green. It is really nice home, a Spanish hacienda as proposed by the architect here. He really felt there is a lot of inerit to the concept of improving the golf course, that's all they hear about. He said he isn't Irish and he isn't a golfer. He happened to be an old fashioned tennis player. Besides that, he thought there was real merit to this and on the advice of Ms. Ryan, he signed � the petition to go ahead with this particular product, but he had a � few reservations. On behalf of some of his neighbors who weren't present, there are serious considerations for building in the second phase some homes in areas that are so called green zones or green land where there is a crossing of golf carts going across the street. In certain areas, even in his area, they are planning to put a S350,000 home on a piece of land that isn't suitable in his considered judgement to be built there. Aesthetically it didn't look good and he didn't think it helped the neighborhood by putting little lots all over the place. He thought the area that was mostly concerned for the development would be near the clubhouse and the improvements there. But plucking a whole bunch of homes all around the place aesthetically wouldn't be very nice. Besides that, he won't paint his house bright purple and City Hall people would allow him to do that, but by the same token they should not put a 5350,000 house next to a 5120,000 house on a single lot. That's his considered opinion. . Also, the idea that there isn't going to be traffic congestion or density and traffic by adding another 300+ cars and another 500 people was not very realistic. They have enough traffic problems 42 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 2004 �r. and they should seriously consider the impact on traffic congestion in spite of all the through traffic that now goes on Warner Trail avoiding Washington and other streets. So there were some considerations he thought they should really look at seriously, but he thought the project deserved a chance. MR. JOHN RICE, 76-763 Oklahoma, stated that he's in favor of the project. He's been a homeowner there for three months and since he's been there he has seen a lot of pride of ownership in the neighborhood. Many people up and down the street are remodeling and there was some active interest in fixing up their places, which is good for him because he's a tile man and he'd love doing their houses. As fa� as this project is concerned, the people running this project are very well put together as far as their history in building and he had all the faith in the world in them. He thought this would bring a lot of wealth into the community and was only a good thing to do. He asked them to give their support to the project and thought Palm Desert would be a better place. �..• There was no one else in favor. Chairperson Jonathan said they would move on to those that wanted to speak in 4PPOSITION to the application and referring to the Blue Speaker Cards, asked Jerome Pineau to address the commission. MR. JEROME PINEAU, 77-510 California Drive in Tract 2137 of the Palm Desert Country Club, stated that he stood before them tonight as the founder of the Palm Desert Preservation Society whose members own property within the Palm Desert Country Club. At this point he wanted to respectfully notify the City of Palm Desert that: 1 ) their members have enforceable property rights which prohibit the creation of additional residential lots on the golf course lots at PDCC and that 2) the County of Riverside Planning Commission Variance Case 409 as amended imposed certain restrictions upon the 560-acre area that became PDCC which the Tentative Tract 31836, which they are considering and which the proposed development would violate, he wished to inform the City that all members of the Palm Desert Country Club Preservation Society intend to enforce their rights under the law. Instrument No. 31032 recorded on April 12, 1961 is a declaration �.. 43 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 2004 , ; � , of restrictions which established the golf course lots within Tract � 2137 as "restricted lots" to be used "solely for the purpose of maintaining a golf course and such improvements reasonably related thereto" and "imposed on each restricted lot a servitude in favor of each and every lot in said tract as the dominant tenement or tenements which shall be enforceable against the restricted lots and each of them by the then owner or owners, lessee or lessees of any other lot or lots or interests therein is said tract." The members of the Palm Desert Country Club Preservation Society own lots within Tract 2137 and intend to enforce these rights as the creation of the proposed additional residential lots on the golf course lots of Tract 2137 at PDCC would violate the declaration. He informed them that there is an identical document for Tract 2283. When the Palm Desert Country Club was initially developed 40 years ago its creators recognized and understood the value of open space and they were wise enough to establish legal protections for this resource and insure open spaces would exist well into the future no matter what the circumstances might be. � � Now once again this valuable open space, a fragile resource needing protection, is threatened with disappearance for no compelling reason. If they approved this project, cluster homes would quickly replace wide open spaces, they would be allowing in essence this golf course to be broken up and become filled in, a unique decision in the history of the city of Palm Desert. Variance Case 409 provided that "a change of zone of any or all of the property invoived in this variance shall not relieve the permittee or his successors in interest of any of the requirements of these conditions." Variance Case 409 also required protective covenants to insure conformance with the intent and purpose of this variance. Those protective covenants were recorded in 1961 and 1963. A change in zoning of the open space golf course lots to residential zoning did not relieve the successors of the obligation to conform with the intent and purposes of Variance 409 which were to preserve open space in a dense residential zone as embodied in and set forth in the respective covenants. If this project is approved open spaces will disappear and existing view corridors will be forever be blocked and denied to many 44 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 2004 r.. residents of the golf course and to anyone traveling the roads surrounding their community. On October 1, 1985 prior to the PDCC being annexed by the City of Palm Desert, the Riverside County Board of Supervisors voted unanimously to deny a similar request by the then owner of the golf course to add additional single family home sites as proposed by the proposed request for Variance and Tentative Tract Map No. 20589 as amended, based in part on findings and conclusions that A) the proposed project was not consistent with the then current development standard of an R-1 zone, B) the approval of the variance request would encourage small lots in the R-1 zone where there were other areas with zoning which would accommodate the proposed smaller lot sizes, and C) the approval of the tract would be the equivalent of changing the declaration without the consent of the property owners which would expose the County and now unfortunately the City of Palm Desert to potential suits from the residents. �.. He said this wasn't his personal opinion, it is the opinion of Ms. Corky Patricia Larson, the Riverside County Commissioner who issued this finding in 1985 which is part of the documents the commission was considering in their staff report. Copies of all the abovementioned documents were provided to the City of Palm Desert and to the Palm Desert Planning Board on March 12, 2004. In closing, he said the Preservation Society was obviously adamantly opposed to this project for the reasons mentioned. The importance and relevance of the documents submitted was evidenced by the fact that their very own Planning Commission Resolution item number 17 is requesting a similar mechanism to protect what may remain of the golf course as a condition of this development proceeding. Surely then such documents must be important and very relevant to the commission. He didn't believe they could recommend the project based on the vast amount of factual and legal information they would now surely possess after this meeting is over. He thanked the commission. He stated that one person who was going to read a statement had a medical emergency and asked Chairperson Jonathan if someone could replace her and read her statement in her place. �.. 45 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 2004 i � � Chairperson Jonathan said yes. When he got the point of asking if anyone wished to speak, that would be the time. MS. LISA THEODORATUS, 77-040 Utah Circle, stated that her homes is one of the most effected in the entire development area. They purchased their home three years ago and decided to buy it before ever going inside. The reason for this is because the lot their home sits on is 9,500 square feet and has 140 feet of golf course frontage and a panoramic view of the mountains, four fairways, the clubhouse and driving range. It is also very private, especiatly at night when they could sit in their backyard and not see other homeowners inside their yards or homes. Chairperson Jonathan asked Mr. Smith to put the picture up to see where the home is located. Ms. Theodoratus said that what the developers propose would take all of this away and would leave them with nothing but a house facing a wall of new homes so close together that they might as well be one. She disagreed with the findings of the � Planning Department ihat the "location and design of the proposed homes do not unreasonably detract from the overall value or enjoyment for surrounding property owners." She knew for a fact that if this development is allowed to proceed, her home and her community will not be the open vista community that the Riverside County Planning Commission wished to keep in perpetuity by means of Variance 409 and the accompanying declaration of restrictions. She asked each of the ones who came to the meeting tonight in support of the developers several questions. If their homes were effected in the way if they would feel the same way. And to those that complained to the developers about a lot in their existing view corridor and it was removed, remember, they have had no relief and are awake at night fearing this project. Also, the remodel of the clubhouse as per the plan before the Planning Commission included the parking lot and exterior paint up to a maximum expenditure of S 1 million. There is no provision in the staff report for the 1 ,800 square foot pro shop expansion, bathroom remodel, new kitchen equipment, or dining room remodel. And most 46 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16. 2004 �.. importantly, no provision for the highly expensive underground cart barn that was to be done under the clubhouse. Where will the 60 or so carts and other course equipment be kept when this project is finished? The Planning Department didn't know yesterday, do you? More importantly, does anyone? It is true that this course has sunk to a horrible condition. She did believe that Dahoon Investment knew what they were getting into when they purchased it in 2001 . She presented a Desert Sun article from May 4, 2001 to show this knowledge and their intent at that time to do the improvement now being presented. She said she isn't a financial expert, but does have questions. In reviewing the financial information provided in the staff report, she wanted to bring the following points to their attention. Dahoon Investments paid 54,075,000 for the property in 2001 and the proforma shows a debt service of 55 million of capital improvement from 1999 to 2003. If Dahoon paid 54,075,000 for the property in 2001, how could there have been debt service on � S5 million of capital improvements listed for those years? There is no monthly cash flow prior to June 2003. The informal information provided in the staff report only pertains to potential post development years. Additionally, it seemed to her that financial information provided in the staff report should be based on actual PDCC golf course historical performance data and not based on golf market information supplied by the Price Waterhouse Coopers Corporation. Consequently, she believed the City needed to look further into the proforma of this property and this transaction and request real certified documents from Dahoon's accountants in order to produce a more complete financial picture of this property to justify a compelling reason to approve this project on a financial basis. Lastly, based on legal information they presented tonight and other documents contained in the staff report, they believed that the advisory ballot and subsequent position taken by the homeowners association in Palm Desert Country Club as indicated in the r.. document provided in their packet is not supported by the sound 47 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 2004 i � � legal basis of their CC&R's and they challenge its results. She thanked the commission. MS. KERSTEEN ANDERS, 77-005 New York Avenue, said she would like to address an item in the staff report, Section C, background evaluation criteria. It states the following, "The location and design of the proposed homes do not unreasonably detract from the overall value and enjoyment for surrounding property owners." She had been advised by the Planning Department that the City is paying for a professional assessor to perform a before and after analysis on her home. She saw no such document in the staff report as of yesterday and consequently, no conclusions can be reached at the moment with respect to property value impact from this project. She also reserved the right to have her own analysis performed in the future on her home. She thanked the commission. MR. JAMES EVANS, 76-827 Oklahoma Avenue, said he was against the change of zoning at the country club. The reason is ' that it sets a precedent that he thought was very bad. Five years ,rj from now the present people might run out of money and what would they do? Come back and go through the same song and dance. The next thing that was left was the smaller course and that is where he lives, by the executive course. So now based on this if they are out of money they get the zone changed and put houses where the golf course used to be. He would also disagree with the appraiser over there. When he sits and looks out his window and sees a scene like that, it was worth more than looking at someone's back yard that is ten feet from his back door. He thanked the commission for giving the chance to talk. MS. SUZANNE TRACY, 77-020 Utah Circle in Palm Desert Country Club, said she has been a resident of Palm Desert since 1968 and has lived at 77-020 Utah Circle since 1970. She completed purchase of this property in 1972. She was fully aware of the declaration of restrictions when she purchased her home. She was told that this would protect her view in perpetuity. Her plan is to retire here and where else could she get such a beautiful view? She and her neighbors have often remarked how lucky they ' 48 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16 2004 �.. are to have such gorgeous views. She planned to stay here for one reaso� and that was because of the view. The plan to develop the driving range by placing 65 homes on the driving range wi(I remove her view. She is opposed to the entire project and in particular to Lots 47 and 48 which are located in a line drawn from her home to the clubhouse. She wanted to maintain the existing view corridor that she has had since 1970. Because her home sits at the end of the driving range she will be impacted. She will be looking at these homes every time she looks out her patio door and kitchen window. She does a lot of gardening and every time she's out in her backyard she'll be denied the view she has come to love. She felt the proposed Spanish Mediterranean style is not appropriate to this area. If they looked around they would see that all of their homes are ranch style homes. The roof line height of the proposed homes is at approximately 17.5 feet. None of their homes have this height. This difference in height will significantly � reduce her view. 6esides losing her view, she would be impacted at night by the increase in the noise level and the light pollution that would occur. These are things that could not be eliminated if the project goes through. She urged them to think about all of them who are being negatively impacted and to not set a precedent that would be bad for the city of Palm Desert. She thanked the commission. Chairperson Jonathan called the next name, Kayla Cruce. Mr. Pineau explained that was the person who had to leave and her letter would be read later. MS. EVE KANE, 43-380 Tennessee Avenue in Palm Desert, said she was about to commit political suicide in front of her golfing friends and bridge friends. This is the 25th years she has lived on the perimeter of the driving range at Palm Desert Country Club. She has been an active member of the Women's Club 18 Hole Group for 20 years, and for the last five years she has been a member of the Niners. She has survived four owners of this golf club. All four planned to build houses on the ingress and egress of R \� 49 MINUTES PALM DESERT PLANNING COMM{SSION MARCH 16, 2004 � t � { � every lot on every hole of both golf courses. None were successful. She wanted a new club and a golf course for her golfing friends and herself. What she didn't want were 64 houses in her backyard. Building a nucleus of 64 houses on the driving range will devaluate her property at her expense. Incidentally, she couldn't imagine a country club without a driving range. What she didn't want was a city street coming from California Avenue through the golf course and intersecting Tennessee Avenue at an already dangerous spot where a sharp bend is located. She has almost been hit backing out of her driveway. She didn't want 128 cars, if there are two-car families residing in those homes entering and exiting two doors from her house. More cars add up to more hazards for their traveling golf carts. She didn't want all the extra traffic. They selected their home because they fell in love with the location. Real estate value is location location location. This proposed housing project will destroy her s �; location. Mr. Kane passed away last October, but they have six � kids who will inherit this location. They all say vote no. She thanked them. MS. CLAUDETTE WHISTON, 77-160 Indiana Avenue in Palm Desert, addressed the commission. She knew that some of the other residents would be impacted the most, but if they looked at the map, her home would be 130 feet of the 65 homes. They did take out one lot which was one home. The rest would be right in front of her home. She came here in 1998, rented the house she's in and later on the owner wanted to sell it. She bought it in an "as is" condition, but she did pay a premium price because she knew it was on the golf course with the most beautiful view. Everyone that comes into her home remarks about that. It is tranquil and serene and she enjoys it so much. It is beautiful with the trees and the grass. She didn't ca�e if it is a golf course or a park. With those homes, she understood that Lots 39 and 40 will have windows looking right into her home. She lives next door, which . was just built two years ago, to the Villas on the Green and those ' homes will be looking right into the other homes. She didn't know � 50 � MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 2004 �.. if that owner knows that or not or the residents there, but she went through the construction of those homes. She tried to find out how many were there, there's quite a few. She had the construction that went on and the construction workers came onto her property. She didn't have a six-foot fence there. She had a six- foot fence between the Villas and the green and herself. She had a packet that she gave them. She took colored pictures of her view and they would have that in their file. With the people that are here that spoke, they are not living on the golf course. They don't have the view. It isn't going to impact them. They don't understand what is being taken away from the ones living there. She fully agreed that the golf course needs renovating and the clubhouse and many of the homes in the country club need renovating. She wished the City of Palm Desert would give grants to some of them that can't fix their homes up. That is what she did. She got a low interest loan from the City of Palm Desert. She put in new air conditioning, a new roof, she painted it and it is a beautiful home. She receives compliments on �• it all the time. So if the City of Palm Desert could do that, let some of the people improve their homes, maybe give the owner of the country club and the golf course some money to fix it up because she thought that even though they will do a great job redoing it, they don't have enough members to keep up the revenue on it. There aren't that many people who have a lot of money there in the Palm Desert Country Club. She didn't believe it was going to bring people from outside to come in even though they redo it. She called one of the partners and he came out and he acted like she would be thrilled that the home that they were going to build. She could speak to him in a normal voice and then he said they would probably have a sand trap in front of her home because they were going to have more of a drought resistant golf course. That meant she would have a tractor at 5:00 a.m. in her backyard smoothing out the sand. She sympathized with the golfers that they don't have a nice golf course and she knew Palm Desert really wanted to improve. She loves Palm Desert and anything they could do to improve it, but she didn't believe building 65 homes in a beautiful open space area would do it because in her opinion ... they are just looking to make money on the homes and say they 51 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 2004 � ..1 are going to fix the gotf course. She asked why they couidn't just fix the golf course, redo it, and make money doing that if they are so interested in it. She talked with the Planning Department when this first came about and she didn't hear about it until the very last when someone put a flyer in her mail box because she works all the time and Mr. Drell said, "Don't worry about it. Changing a zoning from a golf course or open space is like making it into a cemetery." What he said tonight. Well, she would rather have a cemetery than all the people with the impact of noise, traffic, pollution, and the construction. They were going to take down beautiful trees where there are ravens that come back every year to these trees. All those trees will be gone. As far as saying she won't lose value, if she said she lived on a fairway she increased her value. If she said she lives on a lot looking where she's looking into 65 homes, what would that take away from her value? She planned to leave her home to her children and plans to live ; there the rest of her life. She will have nothing. It will go down in � value. If this proposal does go through, in all the decency if they looked into their hearts they will not approval it, she wants to build a six-foot fence just like in the picture for her safety and privacy because those homes will be looking right into her window. She wants permission to do that if it's approved. She hoped it wouldn't be approved. For all the residents wearing the green shirts, she hoped they could find another golf course to go to. MR. JIM DIETERICH, 77-105 Michigan Drive, stated that he is opposed to rezoning any open space any where in the city. To him it's like a park. He knew it wasn't exactly a park because they couldn't go play on it, but the view amenity is his, it's all of theirs. It shouldn't be for sale. Developers shouldn't be able to just buy an open space and develop it. When he bought his house, he looked into it to make sure this was zoned open space and that there were restrictions about it ever being developed. Only then did he purchase the house. And now they are going to put a row of houses blocking his view amenity which he didn't thi�k was right or legal. He thought the City has been doing very good � � 52 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 2004 �.. adding open space within the city limits. F�ed Waring is beautiful. They removed homes and put in this open space. It's very nice. He thought the traffic will be terrible. There will be at least 1 ,000 additionai car trips each day. It's going to be unsafe. He is against it and hoped the City didn't remove the open space. It should belong to the citizens of the city. He thanked the commission. MR. JOHN GREY, 76-963 New York Avenue, stated that in reviewing the staff plan prepared for this commission pertaining to the project, he disagreed with his position on the aesthetic impact this project will have on Palm Desert Country Club. Specifically he referred to Section 1 , aesthetics, and the documents stating that existing vistas, as restricted which is not correct, the trees referred to in this item are not a hindrance to the view. On the contrary, they are a special part of their views and constantly enhance them without restricting them. Removal of these existing large trees will not improve their views, but will only serve to diminish them, especially with the addition of the new cluster r homes. New smaller trees will not improve the scenic vistas. The staff report also assesses a lack of historical building on the project site. In fact, the original tract homes in this community were designed by William Bray. While not one of the most renowned mid-century architects, he and his works still serve a place in history. The historical value of their community is also enhanced by the fact that Palm Desert Country Club was the first such community in this area. As such, it is indeed original and is surely worthy of consideration of preservation based on this historical fact. He also asked the commission to take into consideration the character of these people who are proposing this project and should do thorough background checks on all of them. Personally they have handed out promises like they are free candy and when they came around to his home next door, they went to his tenants and promised a new golf course and got him to sign a petition, but never once said they were going to build 65 homes directly across from his backyard. He thanked the commission. r.. 53 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 2004 j � � MR. JACQUE BECKER, 77-620 California Drive, addressed the commission. He said that three or four hours ago he was sitting at home getting ready to watch the tennis. As a former general manager of the Shadow Mountain, which he still to this day thought was a nucleus for the growth of Palm Desert if they looked back at the history. He came to the desert in 1947, so he's been around for a long time. The reason he is here is because he had a knock on the door by a neighbor and she was very distraught and she wondered if he knew what was going on tonight. She told him there was going to be a meeting regarding the development here at the Palm Desert Country Club and he said as far as he was concerned, he didn't have any objection to the development. He is involved in a lot of developments himself and knew what they were going through. But she asked if he knew they planned to move their maintenance facility to their backyard. Well, that raised a red flag and that is why he was at the meeting. He was very concerned because up until now he hasn't gone to any meetings, but relied specifically on � the mailings and the newspaper reports that he got. He had never ,� once seen No. 10 on the improvement list about moving the maintenance facilities between the 13th and 14th fairway, which is a double fairway, and he lives on the 14th fairway. So does his neighbors. All of a sudden they could envision the loss of al1 the greenery, the trees, the mountains, etc., and he is very concerned. He also owns a residence at Bermuda Dunes on the 6th fairway parallel with the 5th. He has a beautiful double fairway there with a lake. There's also a lake on the number 13th hole. The only difference is about a million dollars in value. But that's a lot of taxes they enjoy. He said he was being facetious, but it's true. He is concerned how they all of a sudden slipped in like a little non plus thing that type of an improvement without any formal notification to him and people living on that fairway. He would like to know those answers and he resented them doing that until he can see and now exactly if they are going to approve it. He owned a lot of property in Section 29. He owned 40% of 330 acres next to Florine long before it was the city of La Quinta and he owned . the homes in Palm Desert in 1965 before they ever incorporated. ' Seems like every time he gets involved with property the city � � 54 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16. 2004 ` comes along and creates waves and many times it's good. It wasn't all negative. He owned the corner where the IMAX theater is, but they took that away from him by eminent domain. So city, city, city has been his nemesis. Now this project tonight, he was asking them right now if they ever had this on an agenda prior to tonight or if they just slipped it in. They have been dealing with it now for a long time. Chairperson Jonathan explained that the commission would get to its discussion when all the public testimony was done. It was possible the applicant might respond to his concerns. He was serious. It is a very important thing. If they owned a very beautiful home on a fairway and all of a sudden there was going to built a maintenance shack, he didn't know, it might be an improvement, but he didn't know how and he was concerned. He asked if Chairperson Jonathan said there would be a follow up on this and he would get a response. �.. Chairperson Jonathan said he hoped so. Mr. Becker said he didn't want to see them in court. He knew that once he made that statement here, it gave him that privilege. He said that could be put into the minutes because he was making that statement right now. He made a joke and then apologized for his sense of humor. Chairperson Jonathan thanked him for his comments and asked Lola Green to address the commission. MS. LOLA GREEN, 42-025 Tennessee Avenue, said that she submitted a letter which they had already received. It was submitted for reference purposes. She said she had a discussion with Dick Oliphant on November 13 shortly after this was announced. His comments to her were that at the Planning Commission hearing, subsequent hearings with Riverside County, there was a guarantee of the open space on the golf course in perpetuity and that was a condition of approval on this project. � The land was dedicated to open space forever. That meant for all 55 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 2004 ; � i � residents then and in the future. The primary reason was because of the value. The owners on the golf course paid a premium for this land and that was never to be taken away. She said there was also a little bit of fear that has come up that the City may be responsible somehow if this golf course doesn't take a hold. That was not at all an issue. The City has no responsibility on this whatsoever. This is one man, one private enterprise that is trying to create a financially good situation for himself. It isn't the City's responsibility. In fact, this is actually a very popular course, but a big part of the attractiveness of it is the quality course with moderate fees, which is very difficult to find in Palm Desert. She doubted very much after the improvements are made that the moderate fees would remain in place. The traffic from the 54 homes would go onto California and Tennessee streets. Typically half would go one way and they would go where the exit was closest. That meant that 27 homes, which �epresent 270 traffic t�ips a day coming onto Tennessee. ; Where those homes come onto Tennessee, the street has zero ,� visibility. In addition, Tennessee Avenue for the most part has no sidewalks. So they have people walking in the road, and families walk with their dogs, the garbage cans are in the road and garbage trucks come through. They have visitors that park on the street and even have a couple of motorized wheelchairs and one that is hand held. And these people take nightly or morning walks every single day and in the hot weather it is very early. But this is a very serious impact on their area and she wanted them to take note of it. It is a 31 % increase in traffic which is a lot. it isn`t just the safety aspect of it, it is the noise aspect. One of the things done when purchasing a home or renting is buying the quiet enjoyment of their homes and that would be disrupted. She thanked the commission. Chairperson Jonathan asked if there was anyone else who wished to speak in OPPOSITION to this matter. MR. JAMES ELLIS, 43-340 Illinois Avenue, said he has lived there for 40 years. He bought the home new. He just wanted to bring � to their attention that he is definitely opposed to developing any � 56 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 2004 �... open space. He personally went around in his car in the last few days and checked out all the lots that they proposed to develop. For their information, a lot of those lots they're going to develop there will be consequential rebuff from the surrounding owners around there because they would be opposed to it. Out of the 30 some lots they are going to develop on the open space lots for the streets (41) he would judge that there are no more than around 15 lots that there would be no opposition to, but the commission, before they made a decision, the lots surrounding those lots that they would like to develop on those property owners should be contacted because there could be a lot of lawsuits. From what he understood now, the open space was in perpetuity and that was good. It was the way it should be and that is what he would like to give his opinion on. He thanked them. MS. TRACY readdressed the commission and requested permission to read a letter on behalf of her neighbor, Udi Raise, who could not be here due to illness. � Chairperson Jonathan granted permission. She stated that Mr. Udi Raise's home is at 76-995 New York Avenue, right next door. Udi could not be here with us tonight because he under went surgery Monday to remove several cancerous tumors, as well as a kidney. Udi has been insirumental in helping Lisa Theodoratus with the document search and even after he became aware of his illness several weeks ago he wanted to continue working to defeat this project and asked her to speak on his family's behalf. Udi and his family purchased their home many years ago and plan to stay there. They are devastated by the prospect of development in their backyard, especially now that he will be undergoing cancer treatment in the foreseeable future. Udi wanted her to tell them that he is opposed to this project and believes that our Planning Commission and City Council will see that what is proposed by the developers is nothing but smoke and mirrors. The residents bordering the driving range should not be told they must bear the burden for the whole community. He hopes the elected officials r.. will turn down this proposal and look for an alternate that is fair to 57 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 2004 ; , x � � all residents of Palm Desert Country Club. On his behalf, she thanked them. MR. PINEAU readdressed the commission to read a letter from Kayla Cruce of 77-405 Michigan Drive, who had to leave. "In reviewing the staff report, several items were brought to my mind which I believe this committee should consider carefully before making its decision on approval. Issue one, traffic. Although there has been a traffic report prepared to gauge the impact on traffic from this project, the report concludes that no significant impact will occur in light of the overall growth likely to effect the area in the coming years. In other words, it states that the impact of this particular development in the grand scheme of Palm Desert Project Area 4 growth is negligible. Such a conclusion makes little sense unless a sudden massive growth spurt is expected in our community in the near future. Police and Fire Services. The police report regarding this project as part of your staff report obviously as you can see addresses ' concerns about public safety. A traffic light and left turn pocket is ,� recommended at the intersection of Tennessee and Fred Waring by the police department. Similarly, the police express concern about additional staffing needed to patrol and serve the new development areas and request mitigation cost participation from the project. I have concerns about the narrowness of the streets inhibiting fire truck access. After all, if a serious blaze or public safety problem should happen to effect that area, which is in our midst and therefore a potential concern of everyone in this community, should we not have a much better idea of how emergency services will be able to access and rescue impacted residents? And lastly, trash removal. I see no documentation supporting a reasonable solution to trash pickup in the new cluster homes (Mr. Pineau noted that he should probably call it the island homes at this point since the names have changed) given the narrowness of the streets in that cluster which do not support off street parking. How will the garbage trucks negotiate the roadways to pick up all this trash? Thank you ladies and gentlemen and Mr. Chairman." � � 58 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16. 2004 i..► MS. THERESA PAULY, 77-670 California Drive, said that she's not generally opposed to construction and has worked in construction management and construction consulting since 1980. Her experience includes the building of Grand Champion's Resort at Indian Wells and Spanish Bay at Pebble Beach. As a long time resident since 1967 of Palm Desert Country Club, she absolutely opposed the relocation of the golf course maintenance facility into their backyards on fairway 13 and 14. The developer failed to notify property owners in the impacted area of their plans to compromise their property. She learned this morning at 6:30 a.m. in Spanish from a grounds keeper of the developer's intention to relocate the maintenance facility. She and her neighbors have paid premium prices to live on the fairway with mountain views. Not to look at and deal with 24/7 maintenance operations of crews and equipment. It has taken over 40 years of landscape growth to disguise an existing walled structure in this area. Their concerns also include noise 24/7, lack of privacy, loss of view, property value and also the access for this �' area is a little narrow alleyway easement between the park and the first house, Bob Peterson's home. It is a little, very narrow entryway which they were told would never be used except in emergency cases. One of the issues with using this little alleyway for access is that's how the children get to the pool and to the park. They ride their skateboards, they roller blade, run and play with their balls on the sidewalk going to the park not realizing maintenance vehicles coming out of there could do great damage to them. Both the parents and the children have always felt that was a safe area for ihe children to access the park and the school. Their neighborhood is quietly adjusting to the people and auto noise late into the evening created by the recent lovely �ity park. They have never complained because the park serves the greater good. They do not feel the maintenance facility is for the greater good. The neighborhood needs to be notified so that they can have their opinion heard. She thanked the commission. r.. 59 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 2004 .� .� MS. HOLLY ESCOBEDO, 76-983 New York Avenue, said 14 years ago when she bought, this was her retirement home, she was toid at the time by the realtor and escrow that nothing could change what was happening out her house now. She would now have ten houses looking right into her house. She was told that the law says there will be no houses. There would be nothing built there. She thanked the commission. Chairperson Jonathan asked if there was anyone else. There was no response. Chairperson Jonathan offered the applicant the opportunity to give rebuttal comments. Mr. Randy Case, using some slides, showed the island and clubhouse lots. The issue of view came up a number of times. He wanted to talk about distances and relative distances to other places around the golf course. In particular, a number of folks spoke on New York. They talked about how someone would be right straight in their backyards. He said this is 220 feet. They went around and measu�ed golf course and typical distances ; across fairways and they ranged from 200 to 260 feet in the „rjj average. Some were bigger some were smaller. But this view now that they were proposing was no different than a majority of the homes out there and 220 feet is not looking out their bedroom window at a house. There was an opponent who spoke about a distance (Lisa Theodoratus) from a lot to the homes and it is 160 feet to the lot line. To the house it is about 175 feet. It isn't 220 feet, but it is a sufficient distance. It has a hole in between it that would be completely renovated and irrigated. An important point is that the finished lot, the finished pad elevations of the homes are eight feet in distance. So they wouldn't see an 18-foot house in front of them. He said they had artist renderings of the view without the houses on New York, without the houses on Utah and then with them. The actual elevations of the actual lots. He said it would be 160 feet to the nearest property line and if they looked at the horizon, there wasn't a difference in horizon because the finished pad elevations are eight or nine feet higher. It isn't that they were going to look out their back yard right straight into a house and it is 160 feet away that's over 50 yards and is a pretty substantial distance. He said there are probably 100 60 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 2004 � locations around the existing golf course where golf course view lots are 20, 30, 40, 50 or 60 feet from houses that were built over the last 40 years. So this wasn't untypical of another view lot in the golf course, especially with the elevation difference. (Someone in the audience asked what the distance was from her home. Mr. Case indicated it hadn't been specifically measured.) He indicated another view is from the second home and a number of opponents spoke and it is 220 feet to the nea�est property line. The elevation of their pads versus these are about two feet difference. So they wouldn't see an 18-foot house. He didn't think they would be looking in someone's back bedroom because 220 is a substantial distance and is the same distance that many of the homes that were built out there. They would have to be telling everyone in the audience that their view is insufficient if in fact what they said was correct. The maintenance facility came up a couple of times. They regretted that the information that has been out there for some '�■► time from them, in fact their first plans were to take the maintenance facility and the cart storage barn, they were now located along New York and then there were a bunch of dilapidated tennis courts. If they drive along New York and look at the maintenance facility, it's open, it's dirty and it's messy. It was not a good location for the maintenance facility. From day one from their first set of plans with their golf course designers and architects, they had always been planning to move the golf course maintenance facility out between 13 and 14. That's where it originated. When they first built the course with three holes and then nine holes, that's where it was. Clearly on this map it is a blob. They weren't intending nor ever thought to put it right up against their fence and block their view. In fact, one of the opponents spoke that there is an existing 50 foot by 100 foot structure out there, not a structure but a pump house that has a cylinder block wall that is landscaped. That is what their maintenance facility would look like once it is finished. It will be in between the two fairways. There's sufficient distance between the two holes to put the maintenance facility. They would be moving 13 and there is an open area that is about 25 acres that is a dust .ir. bowl back there, they would extend the 13th green and they 61 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 2004 � f � would relocate the lake and there would be sufficient area between those two holes to put that maintenance facility. It would not block their view any more than the existing pump house. In fact, they would landscape it better and it would be nicer than what they see now. The other point that came up was about the financing. One was about the clubhouse and one was about financing and whether or not when they looked at the City's staff report that the proforma showed a debt service of S5 million. Unfortunately, that proforma was mistakenly read. There was one that showed at the bottom a debt service on S5 million. He said what they were showing was the existing situation of the golf course and what it's net operating income was and to say could this golf course owner or any over the last ten years take on S5 million in debt. It's net operating was around 5300,000 and the debt service on S5 million is 5400,000 to 5500,000, so obviously they couldn't take on the debt service. It isn't that he was doing it and it isn't that they were putting in , S5 million in capital improvements he�e, it was a comparison to � the existing golf course's proforma as to whether or not he could ,r do that. He thought that was a legitimate question for the commission and one they went over many times with the staff. Regarding the clubhouse, they do not plan and didn't hire Richard Denzer who they think is one of the best in the business to paint and do just a little bit of work on the clubhouse. They deal with numbers a lot and when they put S 1 million or S 1 .25 or whatever the number ended up being somewhere around there into the interior and exterior of the clubhouse, that is a substantial improvement to that clubhouse or any other clubhouse. It isn't going to build a brand new one, but their plans are to redo the interior of the clubhouse. The cart storage came up as well in that same discussion. The cart storage barn as he said early on, is located along New York. The cart storage barn and maintenance facility are both fallen down, terrible looking facilities that anybody would want replaced. The plan they proposed that he think Steve showed briefly is that they will incorporate into the existing clubhouse the cart storage � facility. They aren't building it underground. They are incorporating � 62 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 2004 +... it into the existing clubhouse facility, take what they took from the old cart storage barn and add a dining area, so in effect, there's no net building area. They are taking down an old dilapidated cart storage barn and utilizing a better structure of the clubhouse for part of it and expanding the dining and seating features of the clubhouse in addition to all the components for the residents and members, the locker rooms and all those things. They are investing substantial money into the golf course, not just the irrigation, not just the golf course to fix it, but in the clubhouse as well. They worked hard with staff to try to figure out the phasing of how they were going to do that and believed they had the plan. They have the expertise on their team to design it, manage it and build it. They believe that the plan they presented, they heard the testimony, there's good and there's bad. He thought they heard the plan and they believed the good clearly overall rides the bad. He thanked them for their time. Chairperson Jonathan closed the public hearing and asked for commission comments. e.. Commissioner Tschopp thanked everyone for coming out tonight and expressing their views and opinions because it is very helpful. He thought it was a great community where everyone would come out in support. It said a whole lot about that area. When he thinks of the Palm Desert Country Club area, he doesn't think of the homes out there or just the golf course, he thinks of the both of them together. The two entities, the homes and golf course, are not distinct and separate areas. They are viewed as one entity, one area, so what happens to one impacts the other. There has been a trend in the last ten years with a lot of the homes being improved and a lot of capital going into the homes and the vaiues of the homes increasing. The community is improving its looks. In order to continue that trend and to encourage that trend, he thought they also needed to do something with the golf course. The golf course is linked integrally into the homes and vice versa. He was also very sympathetic to the people who are opposed and to their losing some of their perceived views. He was also very sympathetic to CC&R's and to rights that exist under CC&R's, but that wasn't an issue of the Planning Commission, that was another area and the homeowners ` have redress through that. 63 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 2004 � .n1� In looking at the whole plan, he thought the developer had been very sensitive to the homeowners. He is trying to improve it, he is making a financial commitment now and also in the future to protect the values. It is an infill to some degree. The areas the houses are going into in his mind the real estate wasn't being used to its best utilization at this time. This might do that. The reports he has seen showed that traffic would not significantly increase or have a major impact. He thought the architecture was very good and would actually compliment the community and what's happening in there right now. He was in favor of the project. The one concern he had or condition he would like to add would be that they are granting a variance which would then increase value for the golf course. Some of that value they are creating needed to then be put aside for the future to assure that the golf course has the means to sustain itself improvements wise in the future. He would be in favor of the project, but would also like to have the reserve fund be established that is appropriate and conforms to industry standards. He didn't know if that was 2% or 4%, but something that would insure in 10 years, 20 years and 30 years from now the golf � , course can be improved, enhanced and continued. He assumed the � maintenance shed would come back to Architectural Review and be given its due course. Commissioner Campbell stated that she was very impressed with the applicant for the tremendous job they did listening to the horne owners and being up front with them with all the meetings they held with them and on a one-to-one basis answering their questions. She has been to some homes there in the Palm Desert Country Club and they do have a wonderful view, but actually what's there in front of them, she doesn't play golf, but some of the golf courses she sees are nice, luscious and green and these just have brown spots in the grass. What these people are proposing to do with the open space with the driving range, she didn't think all the golf courses had driving ranges, and in order to maintain the golf course and be able to go ahead and be playing golf and have a great community there, she didn't see any objections in adding these homes in the area where they are being added. She was very impressed with the floor plans and the architecture and from the pictures they had seen of the other homes that are being � remodeled. The community is actually getting better and real estate is � � 64 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16. 2004 ��.. going to be better with the addition of the homes that would be built and all the improvements that would be made. Driving through there, there could be a gorgeous home next to them and then one that needs a lot of help. So it isn't that these new additional homes would be built, actually they would increase the value of the homes because more and more people would hopefully fix up their present homes. She was in favor of the project also. Commissioner Lopez thanked everyone for coming out. This has been a high profile and an intense campaign by those dressed in green and he knew that hopefully this wouldn't cause a problem within the association or the homes that are in that particular area because overall he thought they wanted to make this a better place to live. They wanted Palm Desert Country Club to be a better place to live. He struggled with this in the beginning because he isn't one to take open space and perhaps compromise that situation. But as he began to learn more about the project and having lived here for twenty-something years, he saw Palm Desert Country Club and remembered the golf course being '`+ a very good golf course. When he was working at Rancho Las Palmas Country Club, the American Association of Left-Handed Golfers held their national tournament at their place and at Palm Desert Country Club. They had nothing but great things to say about it. Over the years it has taken its share of beatings, whether through the five owners that the director of golf had to deal with, but it did need help. He thought it was a jewel and is something that could be great. But he thought it would take something different than has been going on for the last 20 years and that was going to take money. In order to do that, obviously they were going to have to develop some homes there. Not all the home locations would be perfect and would impact some individuals. Then the island would create some hardships, but he thought they could mitigate those in the future. Basically this is the future of Palm Desert, the residents are here and this is what it's all about. In the long run, this is going to be a positive thing for this particular location and something they could all be proud of. He concurred that there needs to be assurances that they are not having the same conversation in 15 or 20 years from now about the condition of the golf course and the woes of the country club. He thought they needed to have a plan, a good plan, as it pertains to how they are going to maintain the look of this particular project. Having the shortcomings of taking open space he thought is difficult, but an o... 65 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16. 2004 < � � .ri improved golf course on 27 holes, automated irrigation systems, enhancement to the club house, all of those things are vital to the success of Palm Desert Country Club. Whether a golfer or not, once this is all completed, he thought everyone would be very proud to live in that location. He felt very strongly that this is a good thing for the community. Chairperson Jonathan also thanked everyone for being at the meeting. He complimented them because the commission has had large crowds and they haven't always been as nice and respectful as they were and it spoke very highly of them and their community that they were all willing to listen and respect other viewpoints, whether they mirrored their own or whether they were in opposition, so that was good and he complimented them for that. He first saw Palm Desert Country Club 25 years ago when he and his wife were looking for their first home and they needed an affordable home. They lived in Palm Springs at the time and drove and drove and drove. Finally they got to Palm Desert Country Club and he said to his wife, no one is ever going to move out this way. They turned around and went back ta Palm Springs. He thought the ; residents made a better decision than he did back in 1979. � He had some really major concerns. The rezoning of open space to anything is anathema to him. He thought that open space is a priceless commodity and he would like to see more rather than less. He thought most people here would agree with that, so he had an issue with that. Once something was built on open space, it's gone. Impacting the views of those that bought their homes and have lived there for years with the rightful expectation that their views would be preserved, he was very sensitive to that and he wished they could avoid that situation. But when they sit there, they are never going to make everybody happy. If they vote yes, they are going to make some people happy. If they vote no, they are going to make some people happy. Their job is to look at the overall application and make a determination as to what is best for the community with as little damage to any individuals involved. And that is a challenging and formidable task. In this case in particular. As he listened to his fellow commissioners and as he listened to the public testimony, he had these two particular issues and that is the cost of this project and the benefits are the improved golf course and he thought the long-term positive consequences that the improved golf course and the � enhanced new homes will grace the neighborhood. He guessed in his � 66 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 2004 �.. mind this is not a perfect situation, but the benefits in his mind outweigh, in this particular instance, the detriments. So with those concerns, he would nevertheless be in favor of the project. He complimented the applicant as well. They had done their homework and more importantly, he perceived a sincere concern about the needs and desires of the existing residents, the neighbors. He thought that came through loud and clear and he applauded them for that. He noted that Commissioner Tschopp mentioned a reserve and he had to say, he had some disagreement there. He thought a reserve was appropriate and would hope as a private, free enterprise property owner that the applicant would choose to fund a reserve and to maintain it. He thought the forces of the free market place will encourage him to do so and to maintain the property. He respectfully disagreed and had a fundamental issue with them as the government coming in and telling a private property owner how he should handle his finances. But in all other respects, he concurred with his fellow commissioners. Commissioner Tschopp said he would like to respond. One of the things '� that sold him on this project was the possibility of getting the golf course out there improved for the present owners and insuring that it remains improved for future owners and the people who live out there in the future. It is a private enterprise, but at the same time the City, by granting these variances, are creating value that is going to be put into the golf course and hopefully then down the road there would still be money to put into the golf course because they've run out of land out there to take and develop. So he would like to insure that they have reserve funds set aside in the future to make capital improvements for their giving the variances tonight. Chairperson Jonathan said he would concur. He didn't have a problem with stating ihat as a goal or even in some broad terms as a condition of approval. He thought where government goes wrong is in trying to micro manage private business and saying this is how much they should put away. Commissioner Tschopp clarified he wasn't saying either, he was saying it should be an industry standard, that it conforms to industry standards for golf courses which the applicant said was between 2-4% and someone could make that determination. Mr. Drell said that since they are defining the improvement to the golf course as part of the ... project and then as part of the project they are requiring, especially for 67 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 2004 � ; ! ; � the golf course and the club house which are going to be staying in � private hands, not the homes which become a different issue, they are requiring the execution of a maintenance agreement. So they do have a legal remedy now that clearly says if the City sees a deterioration of the golf course, they can enforce. The other problem would be how to enforce that without getting into their business on an annual basis and would almost have to audit them to determine how much they are putting away. They have an obligation to perform in terms of maintenance and one of the things they could do in terms of that maintenance agreement is to require an annual maintenance program which is something the City Landscape Manager would approve. The issue on these projects is the early warning system. They didn't want to wait until it's awful to suddenly say they have to do something. It is something that allows on a yearly basis if they see that through the annual maintenance program that the trees aren't being pruned properly, that the irrigation system isn't working, they have the ability on an annual basis to say they have a problem. It's performance based, not a dollar based. It was probably as good as they could do short of auditing them every year. � Chairperson Jonathan thought that was consistent with what they have � required other applicants to do in terms of maintaining landscaping. Commissioner Lopez asked if that would be part of the development , agreement. Mr. Drell explained that it's a condition of approval. It's one of the standard ones. Since they were defining the golf course as part of the project, the maintenance agreement applies to the golf course, not just to the homes or the clubhouse. Chairperson Jonathan said he would entertain a motion. Commissioner Lopez said he would move for approval incorporating the amendments they discussed this evening. Commissioner Campbell seconded the motion. Action: it was moved by Commissioner Lopez, seconded by Commissione� Campbell, approving the findings as presented by staff. Motion carried 4- 0. 8 � 68 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16, 2004 � It was moved by Commissioner Lopez, seconded by Commissioner Campbell, adopting Planning Commission Resolution No. 2255, recommending to City Council approval of Case Nos. C/Z 04-09 , TT 31836, PP 04-01 and DA 04-01 , subject to conditions as amended. Motion carried 4-0. IX. MISCELLANEOUS None. X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES - No meeting. B. LANDSCAPE COMMITTEE - No meeting. C. PROJECT AREA 4 COMMITTEE - Heard earlier in the meeting. � XI. COMMENTS Mr. Drell said he didn't think he would be at the next meeting to update the commission on the action of the Council on the General Plan. Chairperson Jonathan said they could defer it or what he was looking for was the final map. Mr. Drell said they could be given to them, although a lot of things required an explanation. Chairperson Jonathan requested the map and then they could defer the discussion to when he could be present. Mr. Drell concurred. In general he thought they achieved 90% of what the commission recommended. The Council on the high density was not willing to give them high density as a matter of right. They created an overlay zone which had criteria which would have been the criteria they would have applied anyway. It's actually criteria they had out of their community design element that we would have applied to a project no matter what in terms of recommending whether it should be approved or not. He reluctantly accepted it, but he thought there was a commitment in the plan to still achieve the housing goals that the Planning Commission adopted. He thought the property owners didn't get the amount of certainty they wished, but he thought the Council �... significantly adopted what the Planning Commission recommended. 69 MINUTES PALM DESERT PLANNING COMMISSION MARCH 16 2004 Chairperson Jonathan said they would look forward to the details when Mr. Drell next joined them. XII. ADJOURNMENT It was moved by Chairperson Jonathan, seconded by Commissioner Lopez, adjourning the meeting by minute motion. Motion carried 4-0. The meeting was adjourned at 9:52 p.m. �-_ _�_� _ ...� , .-- �' J PHIL DRELL, Secretary AT ES • t 4 SABB J AT N, Chairperson � Palm Deser Planning Commission � /tm 70