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Home My WebLink AboutForm Landscpe & Lighting Districts for Seven Existing Single-family TractsCITY OF PALM DESERT DEVELOPMENT SERVICES STAFF REPORT. REQUEST: Authorization to Form Landscape and Lighting Districts for Seven Existing Single -Family Tracts SUBMITTED BY: Martin Alvarez, Senior Management Analyst DATE: March 25, 2004 CONTENTS: Location Maps / Photographs Recommendation: By Minute Motion: 1. Authorize staff to proceed with the formation of seven landscape and lighting districts for existing single-family tracts. 2. Continue to require all new single-family tracts to form homeowners associations to maintain the perimeter landscaping areas. Executive Summary: The City has seven single-family subdivisions without a homeowners association (HOA) or a landscape and lighting district (LLD) to maintain the perimeter landscaping. Attached to the report are two maps identifying the locations of the subdivisions and photographs of their existing condition. The developers completed the subdivisions including the installation of water efficient irrigation and plant material. Since completion, these areas have gone without maintenance and have become a blight to the neighborhoods. Staff has received phone calls and letters from residents inquiring about the condition of the landscaping. These subdivisions were approved and under construction prior the City Council's direction to require HOA's for all new single-family subdivisions. Staff informed the developers of the HOA requirement and asked that the developers contact the property owners. The property owners objected to forming HOA's and indicated they bought in these subdivisions to avoid HOA's. Without a unanimous approval by the property owners an HOA cannot be formed. Staff is requesting authorization to meet with the residents and to provide the option of forming an LLD for these seven tracts only. If LLD's are not implemented, the City will have to enforce the Property Maintenance Ordinance on the individual property owners adjacent to the landscaping areas. Three of the seven landscaping areas would have to be maintained by the City as they have been deeded to the City. In the past, the City's policy on deeded perimeters has been to form landscape and lighting districts. Staff recommends that the City Council authorize Staff to meet with the residents, and initiate the formation of landscape and lighting districts for these tracts only. All future tracts will continue to require the formation of HOA's. Staff Report Landscape and Lighting Districts Page 2 of 3 March 25, 2004 Discussion: In 2002, the Planning Commission approved the following single-family subdivisions with a condition that a landscape and lighting district or homeowners association be formed to maintain the perimeter landscaping: • The Boulders (16 Single-family Homes) Shepherd Lane/North of Frank Sinatra • Sundance East (16 Single-family Homes) Shepherd Lane/North of Frank Sinatra • Petunia I (32 Single-family Homes) Shepherd Lane/North of Frank Sinatra • Petunia II (16 Single-family Homes) Shepherd Lane/North of Frank Sinatra • Palm Court (16 Single-family Homes) North side of Howley Lane • College View Estates (32 Single-family Homes) Shepherd Lane/North of Frank Sinatra • Jeri Lane (16 Single-family Homes) Shepherd Lane / South of Gerald Ford Dr. (See Location Maps Attached). The developers chose to proceed with the formation of a landscape and lighting district (LLD), and each developer placed a $5000 deposit per five -acre parcel to pay for the administrative costs. As required by the Proposition 218 proceedings, staff balloted the property owners (Le. Developers) and held a public hearing in November of 2002. Upon closure of the public hearing the City Council denied the formation of these districts and directed the developers to form Homeowners Associations. The City Council also directed staff to require all new single-family tracts to form HOA to maintain the perimeter landscaping and street lighting. Homeowners Association Formation: Per the City Council's direction, the developers approached existing residents and requested they consider forming an HOA. The property owners objected to this proposal, and indicated they did not receive a disclosure that an HOA would be formed. Without a unanimous agreement by all property owners an HOA cannot be formed. All tracts have since been completed and the perimeter landscaping improvements and street lighting has been installed. Without a mechanism to pay for maintenance, these subdivisions have gone without maintenance. Attached are photographs of the blighted conditions of each of the subdivision's landscaping. Residents have contacted the City about the condition of the improvements and have asked why a landscape and lighting district has not been formed. In order to avoid the Toss of any landscaping, the City has temporarily transferred the water meters to our name. The City has not performed any maintenance on these subdivisions other than periodic irrigation checks. Staff Report Landscape and Lighting Districts Page 3of3 March 25, 2004 Landscape and Lighting District Formation: Staff is requesting authorization to meet with the residents and to form landscape districts for these seven subdivisions only. The existing landscaping for these subdivisions consists of water efficient plant materials and irrigation systems and comply with our water efficient landscape ordinance. Staff believes that with an adequate annual levy, these tracts can be self-supporting and well maintained. Without a mechanism (LLD or HOA) to pay for maintenance and utilities, the landscaping improvements will continue to be an eyesore and blight to the City. The City's other option is to enforce the Property Maintenance Ordinance on the property owners adjacent to the landscaping. Unfortunately, three of the seven subdivisions will have to be maintained by the City as the properties have been deeded to the City as lettered lots. An addition, several developers have submitted letters to the City requesting reconsideration to form an LLD or to refund of their $5,000 deposit. Staff has informed the developers that this matter would be brought before the City Council for their direction. Conclusion: Staff recommends that the City Council consider forming landscape and lighting districts for the remaining subdivisions that were already approved and under construction when the City's new HOA formation policy was implemented. If no LLD's are created for these areas, they will continue without maintenance and the landscaping will be lost. The other scenario is that the City may have to take over the maintenance adding burden to the City's General Fund. At this time, the landscaping areas are either owned by the City or we have easements over them for maintenance. Staff recommends that the City Council authorize Staff to meet with the residents and initiate the formation of landscape and lighting districts. Submitted By: artin Alvarez Senior Management Analyst Approval: Carlos L. Orteg City Manager Departmeyrt Head: Homer Croy ACM for Development Services Paul Gibson Finance Director Petunia I (Shepherd Lane) �tT t • wry» $ •-' • • ♦ . p- r Slop - 4 � 4 �' r fir•e •'V,* ,fir. 'r •• Jr _ �.Y Petunia I (Portola Avenue) • r { .. 4 . . Sundance East (Shepherd Lane) - - itt $' .• • I _ ' fm, I , ..,... 1.• ti ..- ...... .• I. ., • - 4 , - • .,... 4 . - . . . ..\.!---,.7,14.1..4....",...;-z.:A,.-„V •'• •''''' ,.* i° • ' 1111 • 1,1-.Ls ...: • ;.:•- .'J. ' Oil ), ,, 7" ,-;-, •' - .:'. - ,, 1*' • '''' N*-....-- "" .• ".3. :1'*' ' • - '. • ,., , ,t,,:- f. . • .,•• , ....- _ .. _ 4 • - -Sundance East (Portola Avenue) . ., .I --.. ...... 1 ii I, 1 0, "... .".-.' 1 , . , 0 I r . , . , .. .......-- , •;:: :i..,.: ... , -. III . OA "..i:. ,',;,•- - " 44-- - 46 - , , .....)01,;.' • i'" ::,"'"!,, '"4' .._ .....--........_________,.„. , . • . -_. la. .....sa ,• _. ...)3.„ — ----------.................. ..4.0..„,,, 4 , ,....TY College View Circle (Shepherd Lane) _-- , ter • . - ... ,. --..it....- - , - 4. -- - :#41, - • or' ...., - ... #•'• . ''..,.,„.. * .. .—.— t,"''.tg--. . . .- #. S•- #._ „..„,._,.„................, , ...-r•-''''''''''''.- ... ..........''' '' College View Circle (Portola Avenue) ii•- N, ..re 1,,, t dpf .onir".,,:''•• , I! ,4 ,'' .40( . , * ‘.' ll• - .?iv,., , . .4. , •,, . . ' I e• 4• ., . ... , • ',..., -: '',.-4,` ...'t st• ,, ii. . it..., 7 -. . • - 'W. ." • - N° -. •..^. . ..,_ ,; .......4k ..., „ . ,- ,..... _.:._ Petunia Place II (Portola Avenue) . _ ...i. ,. •,. - _.... . OE* .c•1 .. : —— 74 t • ___ .E... ----- -...-... . - . Olive Court (Shepherd Lane) iliAth.., - ... _ - . - : .T.o., •4,,. ..41.11.' ,1„,„...f '.,".1.,..,,, , .,i- ..., .ii• ), ,,,. . ..:4„ „......,-.' •o.'-.Olaf,: - , . Hovley Palms (Hovley Lane) v f A' murromer,„ a- - v I I I ri I. ' ,., ,_, ,..t ;,. ,,... .., 1 -glitir - agliiP ,k 4,, 4,:iiij _ I w . , The Boulders (Shepherd Lane) .; �... a � � .. �a., + ,` - �,r y y _ . I Y I... f/ ' 7VRD DR CE 1 D FORDOR _I, GERALD FORD DR �� _ i tQl \7T 29997,z,Th0be4 1 ,c' f Petunia Il j /? City City it mom �— Owned Owned rr 1 City City —` Owned Owned City Cry O/►ve Court Owned Owned N_J0�9 , Conceptual \ , II 11 41 1 s 77"31020 I Qt / / City Conceptual 3� • 0706 O ,� 0. Owned ,, TT 3 7T 30801 oc. AGDEMYLNE City Owned c �, Petunia Place I TT30025 f 7T oo26 Petunia Place- I I I . ''�111 7T 30216 ,; Ti-30503 � Sundance - East `inj11 1 E 'o r �--- ■r ■ii■■r. 30 6 7T 31860 / =e K. 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